Ruling of the Supreme Court of Ukraine in the case 824/91/24 dated 5 June 2026

Ruling

5 June 2026, Kyiv

Case No. 824/91/24, proceeding No. 61-7421zno26

The Supreme Court, composed of Judge I. O. Dundar of the Civil Cassation Court, has considered the application of a legal entity established under the laws of ADDRESS_1, INFORMATION_1, filed by its representative PERSON_1, for review on the basis of newly discovered circumstances of the resolution of the Supreme Court of 3 January 2025 in the case on the application of INFORMATION_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 26 March 2024 in case No. 425/2023 on the claim of INFORMATION_2 against INFORMATION_1 for recovery of debt,

FOUND:

On 1 June 2026, the Supreme Court received, through the “Electronic Court” subsystem, the application of INFORMATION_1, filed through its representative PERSON_1, for review on the basis of newly discovered circumstances of the resolution of the Supreme Court of 3 January 2025.

The question of opening proceedings cannot be decided on the basis of the application for review on the basis of newly discovered circumstances.

An application for review of court decisions on the basis of newly discovered circumstances must comply with the requirements established by Article 426 of the Civil Procedure Code of Ukraine.

In breach of Article 426(3)(2) of the Civil Procedure Code of Ukraine, no document confirming payment of the court fee has been attached to the application.

Article 3(3) of the Civil Procedure Code of Ukraine provides that proceedings in civil cases are conducted in accordance with the laws in force at the time of the performance of particular procedural actions and of the consideration and determination of the case.

Pursuant to subparagraph 4 of paragraph 1 of Article 4(2) of the Law of Ukraine “On Court Fee” (as worded at the time the statement of claim was filed, i.e. 2024), for filing an application for review of a default judgment, or an application to set aside an award of an arbitral tribunal (international commercial arbitration), filed by a legal entity or a natural person-entrepreneur, the rate of the court fee was 0.5 of the subsistence minimum for able-bodied persons.

Pursuant to subparagraph 6 of paragraph 1 of Article 4(2) of the Law of Ukraine “On Court Fee”, for filing with a court an application for review of a court decision in connection with newly discovered circumstances, the court fee amounts to 150 percent of the rate that was payable upon filing the statement of claim, other application or complaint.

Accordingly, for filing an application for review of a court decision on the basis of newly discovered circumstances, the person who filed it must pay a court fee in the amount of INFORMATION_3.

Pursuant to Article 4(3) of the Law of Ukraine “On Court Fee”, when the procedural documents provided for in part two of that Article are filed with a court in electronic form, a coefficient of 0.8 is applied to reduce the corresponding rate of the court fee.

Accordingly, for filing a cassation appeal, the court fee is payable in the amount of INFORMATION_4.

The court fee for filing a cassation appeal with the Civil Cassation Court of the Supreme Court must be transferred or paid to: GUK in Kyiv/Pechersk district/22030102, EDR code: 37993783, recipient bank: Treasury of Ukraine (EAP), recipient account number (IBAN standard): UA288999980313151207000026007; budget classification code: 22030102, Court fee (Supreme Court, 055). The procedure for payment of the court fee is set out in Article 6 of the Law of Ukraine “On Court Fee”. To confirm payment of the court fee, a document confirming its payment must be submitted to the court.

Pursuant to Article 427(3) of the Civil Procedure Code of Ukraine, the provisions of Article 185 of that Code apply to an application for review of a court decision on the basis of newly discovered or exceptional circumstances that does not comply with the requirements established by Article 426 of that Code.

Guided by Articles 185, 260, 426, 427 of the Civil Procedure Code of Ukraine,

RULED:

The application of a legal entity established under the laws of ADDRESS_1, INFORMATION_1, filed by its representative PERSON_1, for review on the basis of newly discovered circumstances is to be left without progress.

A period of ten days from the date of service of this ruling is set for the remedying of the deficiencies.

If the requirements of this ruling are not complied with within the set period, the application for review of the court decision on the basis of newly discovered circumstances shall be deemed not filed and shall be returned.

The ruling enters into legal force from the moment of its signing and is not subject to appeal.

Judge I. O. Dundar