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RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF TAJIKISTAN

of December 29, 2004 No. 3

About application of the Economic Procedure Code of the Republic

Tajikistan in case of review on newly discovered facts

the court resolutions of economic courts which took legal effect

1. In case of the solution of question of review on newly discovered facts of court resolutions economic courts of the first, appeal and cassation instances should recognize that the list of the bases for such review provided in part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan is exhaustive.

2. Economic courts need to mean that circumstances in connection with which opening the court resolution is reviewed shall be essential, that is capable to affect conclusions of economic court in case of acceptance of court resolution.

3. Review on newly discovered facts of court resolution is inadmissible when such circumstances are absent, and there are bases for review of court resolution in cassation or supervising procedure. In these cases the economic court shall refuse review on newly discovered facts of court resolution, proving the refusal by lack of the specified circumstances.

So, the decision of economic court cannot be reviewed on newly discovered facts if the actual circumstances arose after acceptance of court resolution as in sense of Item 1 of part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan the basis for such review is opening of circumstances which though objectively and existed, but could not be considered as were not and could not be known to the applicant.

The new circumstances which arose after acceptance of court resolution can be the basis not for its review but to newly discovered facts, and for presentation of the new claim.

4. According to Item 3 of part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan criminal acts of persons participating in case, either their representatives or the criminal actions of judges committed by consideration of this specific case, but not another matters in which consideration they took part can be the basis for review on newly discovered facts of court resolution.

Parts 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan of circumstance listed in Items 2 and 3 shall be established by the court verdict which took legal effect. In case of impossibility of attraction of persons specified in these Items to criminal liability, in particular in cases of amnesty, death, lapse of time for criminal penalty, the court resolution of economic court can be reviewed only according to the procedure of supervision.

5. Review of court resolution on newly discovered facts in connection with cancellation of court resolution of economic court on another matter, decisions, the court verdict or the resolution of other body (Item 4 part 2 of Article 192 of the Economic Procedure Code of the Republic of Tajikistan) can be made only in that case when the repealed acts really were the basis for the reviewed court resolution of economic court.

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