Kolesnyk R. Grounds for reviewing decisions of commercial courts for newly discovered circumstances

The paper proposes the definition of the term «grounds for reviewing the decisions of the economic court for newly discovered circumstances». The author categorizes the grounds for reviewing the decisions of the economic court for the newly discovered circumstances into two groups, depending on the method and the time of their establishment. The work has improved the procedure for reviewing the decision of the economic court for newly discovered circumstances by clarifying the terms and persons who have the right to file an application for revision of the decision of the economic court in connection with newly discovered circumstances. The author improved the definition of the term: «essential to the circumstances of the case». The paper proposes to stipulate in law that Ukraine’s violation of international obligations in a court decision, established by an international judicial body, whose jurisdiction is recognized by Ukraine, is the basis for reviewing a court decision for newly discovered circumstances. On the basis of the analysis of foreign legislation, the author sets out the rules that should be applied to the legislation of Ukraine. The paper summarizes the problems that exist in practice when applying the grounds for reviewing the decisions of the economic court under the newly discovered circumstances and proposes directions for modernization of the legislation regulating the grounds for reviewing the decisions of the economic court under the newly discovered circumstances.