SUBJECTS THAT HAVE THE RIGHT TO SUBMIT AN APPLICATION FOR THE REVIEW OF THE COURT DECISION UNDER NEWLY DISCOVERED CIRCUMSTANCES IN ADMINISTRATIVE PROCESS

Abstract

The article is devoted to the determination of the subjects of the right to appeal to the court with an application for review of the court decision based on newly discovered circumstances. It was concluded that the proceedings in the administrative case in connection with the newly discovered circumstances consist in the re-examination of the already considered lawsuit, which is conducted in order to take into account the circumstances, the existence of which became known already after the final decision was adopted and it entered into force, provided, that taking them into account would lead to a different resolution of the case. It is noted that under the currently valid administrative procedural legislation, the right to submit an application for review based on newly discovered circumstances is granted to the participants in the case and persons who did not participate in the case, provided that the issue of their rights, freedoms, interests and (or) obligations is resolved by a court decision. It is substantiated that the legislator correctly granted the participants in the case the right to apply to the court for a review of the court decision based on newly discovered circumstances, since they have a material-legal and procedural-legal interest in the results of the case. It has been proven that the circumstances that indicate that the court decision has resolved the issue of the rights, freedoms, interests and (or) duties of a person who did not participate in the case cannot be considered newly discovered. It is substantiated that in the case of a person who did not take part in the case, following an appeal or cassation complaint, if the court has decided the issue of their rights, freedoms, interests and (or) duties, a new ruling on the substance of the claims, such a person can no longer to be considered “a person who did not participate in the case”. It is indicated that in the proceedings for the review of court decisions based on newly discovered circumstances, the court is not empowered with procedural powers to clarify the issue of whether the court decision directly concerns the rights, interests and (or) obligations of this person or contains statements about his rights or duties in the relevant legal relationship. It is proposed to exclude from the Code of Administrative Proceeding of Ukraine such an entity applying for review of a court decision under newly discovered circumstances as a person who did not participate in the case, if the court decided the issue of his rights, freedoms, interests and (or) duties.