Menuk D. The review of court decisions on newly discovered or exceptional circumstances in the civil proceedings of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101921

Applicant for

Specialization

  • 081 - Право. Право

08-06-2021

Specialized Academic Board

ДФ 26.236.010

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is a comprehensive study of the review of court decisions on newly discovered or exceptional circumstances in the civil proceedings of Ukraine. The following conclusions, recommendations and proposals were obtained on the basis of theoretical understanding of positions in the doctrine of civil procedural law and analysis of the application of civil procedural provisions on the review of court decisions that have entered into force, based on newly discovered or exceptional circumstances in judicial practice. First of all, to deduce the development of the review of court decisions in civil proceedings, a historical review is made to determine the stages of its formation. Thus, it is established that the grounds and procedure for reviewing court decisions changed in accordance with the development of civil proceedings in the historical periods of statehood of Ukraine, among which are: the times of Kyivan Rus; under the ruling of the Polish–Lithuanian Commonwealth; the era of the Cossack Hetmanate; under the influence of the Austrian Empire and the Russian Empire according to the division of Ukrainian lands; in Soviet times; during the independence of Ukraine. At the same time, the legal sources that testify such development of review are the Statutes of the Grand Duchy of Lithuania, Code of Laws of 1743, the Russian Statute of Civil Procedure of 1864, the Civil Procedure Code of Austria of 1895, the Ukrainian Soviet Socialist Republic Civil Procedure Codes of 1924, 1929 and 1963 and Civil Procedure Code of Ukraine of 2004

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