Review of civil cases based on newly discovered circumstances: when the court decision is not a point in the dispute

A court decision that has entered into legal force is usually perceived by Ukrainians as the final point in a dispute. However, in civil proceedings there are situations when, even after the completion of the case, circumstances may arise or be established that cast doubt on the fairness of the decision. This is not a repeated appeal or disagreement with the court’s conclusions, but a special review mechanism that is applied only in exceptional cases and according to clearly defined rules.

Lawyers from the Repeshko and Partners Bar Association explained how civil cases are reviewed under newly discovered or exceptional circumstances, in which cases such an appeal to the court may be justified, what deadlines must be taken into account, and why this mechanism should not be confused with a regular appeal of a court decision.

Most citizens generally understand that a court case can go through several instances: first, it is considered by the court of first instance, then, if there is an appeal, by the court of appeal, and in some cases, the case may even reach cassation review. At the same time, it is important to consider that the decision of the court of first instance enters into force after 30 days, the decision of the court of appeal – from the moment of its announcement, and the decision of the court of cassation also enters into force immediately after its adoption.

However, in practice, not every case reaches the court of cassation, since the cassation instance does not accept all cases for consideration. In addition, not everyone, after losing in the court of first instance, sees the point in continuing the appeal. That is why for one person the decision of the court of first instance may be actually final, for another – the decision of the court of appeal, and for someone – the decision of the cassation instance. However, in civil proceedings there are situations when even a decision that has already entered into legal force can be reviewed.

The Civil Procedure Code of Ukraine provides that a decision, resolution or ruling of the court, which has concluded the consideration of the case and has entered into legal force, may be reviewed based on newly discovered or exceptional circumstances. This means that if there are grounds for review provided for by law, a court decision of any of the three judicial instances may be subject to review.

At the same time, such a review is not a repeated appeal and cannot be applied only because the party does not agree with the court’s conclusions. The law clearly defines that the grounds for reviewing a court decision that has entered into legal force are divided into two types: newly discovered circumstances and exceptional circumstances.

Newly discovered circumstances include circumstances that are essential to the case and that were not established by the court and were not and could not have been known to the person filing the application at the time of consideration of the case. Also, the fact of providing a knowingly incorrect expert opinion, knowingly false witness testimony, knowingly incorrect translation, falsity of written, material or electronic evidence, established by a verdict or resolution on the closure of criminal proceedings and the release of a person from criminal liability, if this led to the adoption of an illegal decision in this case, may be a ground. Another ground is the cancellation of the court decision that became the basis for the adoption of the court decision subject to review.

Separately, the law defines the grounds for reviewing court decisions in connection with exceptional circumstances. These include the unconstitutionality or constitutionality of a law, other legal act or a separate provision thereof, established by the Constitutional Court of Ukraine, applied or not applied by the court in resolving the case, if the court decision has not yet been executed. Also, an exceptional circumstance is the establishment by an international judicial institution, the jurisdiction of which is recognized by Ukraine, of a violation by Ukraine of international obligations in resolving this case by the court. In addition, the basis may be the establishment by a court verdict that has entered into legal force of the guilt of the judge in committing a criminal offense, as a result of which the court decision was adopted.

Special attention should be paid to the fact that the reassessment of evidence that has already been assessed by the court during the consideration of the case is not a basis for reviewing a court decision based on newly discovered circumstances. Similarly, evidence that has not been assessed by the court cannot be considered such a basis if it relates to circumstances that have already been established by the court.

In the resolution of April 15, 2026 in case No. 229/3664/18, the Supreme Court of Ukraine separately drew attention to the fact that the applicant’s reference to the legal conclusions of the Supreme Court or other judicial practice that existed at the time of the decision is not a newly discovered circumstance within the meaning of paragraph 1 of part 2 of Article 423 of the Civil Procedure Code of Ukraine. Arguments about the incorrect application of the norms of law, in particular the rules of jurisdiction, are not subject to verification in the procedure for review based on newly discovered circumstances.

It should be noted that when reviewing a court decision based on newly discovered or exceptional circumstances, the court cannot go beyond the requirements that were already the subject of consideration in the case. That is, such a review does not provide an opportunity to state new requirements, change the grounds for the claim, or actually initiate another dispute within the framework of an already completed case. The court checks only those circumstances that relate to the decision being reviewed, and only within the framework of the preliminary review. At the same time, even if there are grounds for review, the deadlines for applying to the court are important. The law does not allow such an application to be filed at any time just because a person has decided to return to the case after a long time. A separate deadline is established for each ground for review, and it must be taken into account even before preparing the application.

An application for review of a court decision based on newly discovered or exceptional circumstances may be filed on the basis of circumstances essential to the case that were not established by the court and were not and could not have been known to the person filing the application at the time of consideration of the case, within thirty days from the day the person learned or could have learned about the existence of such circumstances.

If the grounds for review are established by a verdict or resolution on the closure of criminal proceedings and the release of a person from criminal liability, the fact of providing a knowingly incorrect expert opinion, knowingly false witness testimony, knowingly incorrect translation, falsity of written, material or electronic evidence, which led to the adoption of an illegal decision in this case, the participants in the case may file an application within thirty days from the date on which the relevant verdict or resolution in criminal proceedings entered into force.

If the grounds are the cancellation of a court decision that became the basis for the adoption of the decision subject to review, the application shall be filed by the participants in the case within thirty days from the date on which the court decision that canceled the previous court decision entered into force.

It is worth knowing that in the event that the Constitutional Court of Ukraine establishes the unconstitutionality or constitutionality of a law, other legal act or a separate provision thereof, applied or not applied by the court in resolving the case, if the court decision has not yet been executed, the participants in the case have the right to file an application within thirty days from the date of official publication of the relevant decision of the Constitutional Court of Ukraine.

When an international judicial institution, the jurisdiction of which is recognized by Ukraine, has established a violation of Ukraine’s international obligations in resolving this case by the court, the application may be filed by the person in respect of whom the decision of such international judicial institution was rendered, no later than thirty days from the date on which he learned or could have learned about the acquisition of the status of final by this decision.

If a court verdict that has entered into legal force establishes the guilt of a judge in committing a criminal offense due to which the court decision was made, the participants in the case have the right to file an application for review within thirty days from the date on which such a verdict enters into legal force.

It is important that, together with these deadlines, it is necessary to take into account the deadline for appeal. An application for review of a court decision on the grounds of circumstances essential to the case that were not established by the court and were not and could not have been known to the applicant at the time of consideration of the case may be filed no later than three years from the date on which such a court decision entered into force.

In addition to the special deadlines for applying to the court, which were discussed above, the law also establishes deadlines within which a court decision can be reviewed in general. That is, it is not enough to just meet the thirty-day deadline from the moment the person learned about the relevant circumstances. It is also necessary to take into account the maximum period after which the right to review is lost.

Thus, no later than ten years from the date of entry into force of a court decision, it may be reviewed if the court verdict or resolution on the closure of criminal proceedings and the release of a person from criminal liability, which has entered into force, establishes the fact of the provision of a knowingly incorrect expert opinion, knowingly false witness testimony, knowingly incorrect translation, falsity of written, material or electronic evidence, which led to the adoption of an illegal decision in the relevant case. The same ten-year period is established for cases where the basis for review is the cancellation of a court decision, which became the basis for the adoption of a court decision subject to review.

In addition, within ten years from the date of entry into force of a decision, it may be reviewed on all grounds provided for by law for the review of court decisions in connection with exceptional circumstances.

At the same time, the legislator is quite strict in observing these terms. The general rule is that they are not subject to renewal. An exception is provided only for the review of a court decision in exceptional circumstances in connection with the decision of an international judicial institution whose jurisdiction is recognized by Ukraine. If such a decision has acquired the status of final after the expiration of ten years from the date of entry into force of the court decision, the person still has the right to apply to the court with an application for review. However, this must be done within thirty days from the date on which he learned or could have learned about the acquisition of the status of final by such a decision.

No less important is the issue of determining the court to which the application for review must be submitted. If it is a decision of the court of first instance, the application is submitted to the court that adopted the relevant decision. If the decisions of the courts of appeal or cassation that changed or annulled the decision of a lower court are subject to review, it is necessary to apply to the court that changed the decision or adopted a new one.

As for the application, the law establishes requirements that are largely similar to the requirements for claims filed with the court of first instance. Such an application must include the name of the court to which it is addressed, the name or title of the person filing it, the place of residence or location of the applicant, as well as information about the presence or absence of an electronic office. In addition, it is necessary to indicate other participants in the case, the date of adoption and the content of the court decision that is proposed to be reviewed, newly discovered or exceptional circumstances on which the request for review is based, the date of their discovery or establishment, as well as references to evidence confirming the presence of such circumstances.

The list of documents that must be attached to the application is also important. Copies of the application must be attached to it in accordance with the number of participants in the case, except for cases when it is filed electronically through an electronic office. In this case, it is necessary to provide evidence of sending copies to other participants in the case. The application shall also be accompanied by a document confirming payment of the court fee, evidence confirming the existence of newly discovered or exceptional circumstances, and if the application is signed by a representative, a document confirming his authority.

In cases related to decisions of international judicial institutions, the application may be accompanied by a request to request a copy of the relevant decision from the body responsible for coordinating the execution of decisions of the international judicial institution, if such a document is not at the applicant’s disposal. In addition, if the deadline for submitting the application is missed, it is necessary to attach a request to renew such a deadline, if the law allows for its renewal.

It is worth knowing that the law provides for an important procedural feature: no court fee is paid for the submission and consideration of an application for review of a court decision under exceptional circumstances.

After receipt by the court, the application for review of a court decision under newly discovered or exceptional circumstances is transferred to the judge or panel of judges determined in the procedure for automated case distribution. Within five days after the application is received, the judge or the judge-rapporteur shall check whether it meets the requirements of the law and decide on the opening of proceedings on newly discovered or exceptional circumstances. In the event of opening such proceedings, the judge shall send copies of the application for review of the court decision to the participants in the case, and shall also appoint the date, time and place of the court session. The participants in the case shall be notified of this in accordance with the procedure established by law.

A person who has filed an application for review of the court decision on newly discovered or exceptional circumstances has the right to refuse it before the start of the consideration of the case in the court session. If the court accepts such a refusal, the proceedings on newly discovered or exceptional circumstances shall be closed, and a ruling shall be issued on this. At the same time, in the event of acceptance of a refusal of the application for review of the court decision on newly discovered circumstances, other participants in the case may demand from the person who filed such an application compensation for the court costs incurred by them during the review of the court decision. It is also necessary to take into account that a person who has refused an application for review of a court decision due to newly discovered or exceptional circumstances will not be able to apply to the court again with the same application on the same grounds.

An application for review of a court decision is considered by the court at a meeting within thirty days from the date of opening the proceedings. Moreover, the case is considered according to the rules established for proceedings in the court of the instance conducting the review. If the review takes place in the court of first instance, the case is considered in the order of simplified claim proceedings with notification of the participants in the case.

Based on the results of the review of a court decision due to newly discovered or exceptional circumstances, the court may refuse to satisfy the application and leave the relevant court decision in force. The court may also satisfy the application, cancel the court decision under review, and adopt a new decision or change the previous decision. In addition, the court has the right to cancel the court decision and close the proceedings in the case or leave the claim without consideration.

It should be noted that the Supreme Court, in addition to the above options, may also annul a court decision or decisions in whole or in part and refer the case for a new trial to the court of first or appellate instance. In the event of a refusal to satisfy the application, the court shall issue a ruling. If the application is granted and the reviewed court decision is annulled, the court shall issue a ruling if the court decision was reviewed; issue a ruling if the court decision was reviewed; or issue a ruling if the ruling was reviewed.

After the new court decision enters into force, the court decisions of other courts in this case lose their legal force. At the same time, a court decision issued as a result of a review based on newly discovered or exceptional circumstances may subsequently be reviewed on general grounds.

Therefore, we advise you not to perceive the review of the case based on newly discovered or exceptional circumstances as “another attempt” to appeal an undesirable decision. Before going to court, it is worth carefully checking whether there is a legal basis, whether the deadlines have not been missed, and whether there is proper evidence. This determines whether the application will have a real prospect, and will not become just an additional waste of time and money.