Newly Discovered Facts And Procedural Defects In The Civil Procedure Of Ukraine

Abstract

The purpose of this article is detailed research the essence of newly discovered facts in the civil procedure of Ukraine, and court’s actions in case of procedural defects corrections.

In article the author gives definition of the grounds for review court’s decision on newly discovered facts, which allows to differentiate the moment when grounds for review court’s decision on newly discovered facts have arisen from the moment of their determination in accordance with law procedural form.

According this, the grounds for review court’s decision on newly discovered facts can be defined as a set of circumstances, conditions and facts, which determined by pt. 2 of art. 361 of the CPC of Ukraine, those are enshrined in accordance with procedural law’s form, and in the presence of which the review of court’s decision is possible.

The author proposes a procedure of cancellation certain types of court’s orders by the same court. To do this, part V of the CPC of Ukraine “Review of judicial decisions” shall be supplemented by chapter 5 «Correction of procedural defects».

Providing the court of first instance of civil jurisdiction by ability to review certain types of its own orders in order of correction of procedural defects will help relieve the appellate courts and speed up dispute resolution. This will positively affect on efficiency of the judicial system as a whole, and provide more opportunities for citizens to protect their rights.