The review judgment of the judicial proceedings already concluded in Ukraine.

 

 

 

 

(New judicial proceedings in Ukraine to revoke and modify the conditions of sentences: commercial judgments, failure to reimburse, denials of concessions and licenses, seizures, bankruptcies,

banking and financial services, procurement, child custody, maintenance, filiations and divorces in Ukraine).

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The review of sentences in Ukraine.

What is reported in the subtitle is an example of all the possibilities that the renewed civil procedure code of Ukraine has introduced. The Ukrainian Civil Procedure Code, as renewed, introduced with art. 423, which contains provisions regarding "Review of court decisions on exceptional or newly discovered circumstances”. In the first paragraph of the aforementioned article, the law provides:“Decisions, resolutions or sentences of a court which have completed the examination of a case which has entered into force may be re-examined on the basis of newly discovered or exceptional circumstances."

What has just been explained opens up unlimited possibilities from the point of view of revision possibilities. The Ukrainian legislator did not limit himself with the first paragraph to the possibilities of recently discovered or exceptional circumstances. As a result, for example, there is no preclusion to the review in Ukraine of the consensual or judicial decision to grant child maintenance or child custody. The divorce sentence in Ukraine which decides on child custody and maintenance can be challenged at any time through the procedure for reviewing the conditions of divorce in Ukraine. The procedure for modifying the conditions of divorce in Ukraine can be activated even after a long period of time, in the presence of new facts whether unfavorable to the parent who is obliged to pay maintenance or who has been denied custody of the children or to the other ex-spouse party .

Some typical facts regarding divorce that allow the revision of the divorce decree, child assignment and maintenance allowance in Ukraine are: new marriage or stable cohabitation, additional children, loss of income from work or its decrease and, all the reasons which lead the subject to have a disadvantageous economic or social situation compared to the moment in which the previous decision was made, or, the foster mother's disinterest in the assigned child. The decision to be modified can be either consensual, judicial or before the zags.

The court of the place of Ukraine is competent for the procedure for reviewing the conditions of divorce in Ukraine. In the case of family law in Ukraine, where the divorce was celebrated, even if before the local zags, or if the divorce with a Ukrainian woman was celebrated in Italy, that of the former spouse's Ukrainian residence.  

Furthermore, another non-negligible aspect, for the purposes of obtaining a review of any kind of sentence in Ukraine, is the discovery of new, unknown evidence. Very often, this firm is contacted by parties who report having belatedly discovered evidence or discovered documents. Even in these cases it is possible to follow up the process of reviewing decisions of the courts of Ukraine.

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The review of Ukrainian sentences in Italy. 

Very important is the possibility of appealing to the Italian court in certain cases in order to obtain modifications to the divorce conditions. 

An example: the marriage celebrated in Ukraine by the parents of the minor offspring must be considered valid in Italy even if not transcribed pursuant to the art. 19 of the Presidential Decree of 3 November 200 n. 396 and the same applies to the divorce sentence issued by the court of Ukraine, which, although not transcribed, must be considered valid and automatically recognized in Italy pursuant to art. 61 L. 218/1995, the conditions provided for by this rule of the jurisdictional competence of the judge who issued it, compliance with the principle of cross-examination and defense of the defendant, the passage of res judicata according to the law of the place where it is pronounced exist , of the non-contradiction to another decision pronounced in Italy, of the non-pendency of another proceeding with the same object and the same parties established in our territory and of the non-contradiction to public order.

Having said this, there is the right of those who have an interest between the parties, to obtain the modification of the provision made by the Ukrainian court, with regard to the revision of the contribution to the maintenance of minor children, by the Italian court.

 In fact, pursuant to art. 12 quater L. 898/70 the jurisdictional jurisdiction of the Italian court is established when the appellant resides permanently in Italy.

 Also, iL Italian judge responsible for modifying the conditions of divorce has the power to rule not only on the personal relationships between the spouses but also on incidental issues connected to them, which include those regarding food matters also with regard to relationships with their children.

Finally, the Italian judge can evaluate, pursuant to articles. 337 quinquies of the Civil Code and 5 and 6 L. 898/70, prerequisites and circumstances already existing at the time of the foreign decision whichhave not been considered under foreign legislation or the subsequent change in circumstances, for the purposes of the requested revision, with consequent application of Italian law to the case in question.

 

Following a long experience in the field of legal problems in Ukraine, the team of the international law firm for Ukraine "LegalGB Law Firm" is always ready to respond according to the canons of the best professional practice to the requests and problems of its assisted in Ukraine and for Ukrainians in Italy.

The firm, after careful reading and study of the controversy, evaluates the feasibility of the trial review experiment in Ukraine on a case-by-case basis.

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