This law amends the procedural codes of Ukraine (Commercial, Civil, and Administrative) regarding the review of court decisions based on newly discovered and exceptional circumstances, particularly in connection with decisions of the European Court of Human Rights. The law was adopted in implementation of the decision of the Constitutional Court of Ukraine dated 14.02.2024.
Structurally, the law consists of two articles and introduces amendments to three procedural codes, establishing uniform rules regarding the terms and procedure for reviewing court decisions. The main changes relate to the possibility of reviewing decisions even after the expiration of a 10-year period if the basis is a decision of the ECHR.
Key provisions:
1. A 30-day period is established for submitting a review application from the moment the person became aware of the grounds for review.
2. The general term for review based on newly discovered circumstances is 3 years, and for exceptional circumstances is 10 years.
3. The term for review based on an ECHR decision may be renewed even after the expiration of 10 years if the application is filed within 30 days from the moment the person became aware of the ECHR decision becoming final.
4. Persons regarding whom the ECHR has already issued a decision before this law enters into force have the right to apply for a review of the court decision within 30 days.
