RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of April 29, 2025 No. 9

About application by administrative courts of the legislation regulating review of the court resolutions which took legal effect on newly discovered facts

For the purpose of ensuring single practice in case of review by administrative courts of the court resolutions which took legal effect on newly discovered facts, being guided by article 22 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. The institute of review of the court resolution which took legal effect on newly discovered facts governs not the relations connected with check of legality of court resolution, but the relations connected with revaluation of condition of dispute with the purpose of check of influence of newly discovered facts on conclusions of court.

2. Draw the attention of courts that according to rules of Chapter 29 of the Code about administrative legal proceedings (further in the text - KOAS) the court according to statements of persons participating in case has the right to review on newly discovered facts the court resolution accepted by it and taken legal effect on the bases and according to the procedure provided by this Chapter.

It is necessary to understand as the court resolutions which took legal effect which can be reviewed on newly discovered facts decisions, resolutions, and also determinations of court.

3. It is necessary to understand the actual circumstances which objectively existed at the time of acceptance of court resolution as newly discovered facts, but were not researched and considered by court when considering the case as were not or could not be known to the applicant and court, and they became known only after acceptance of court resolution.

Proceeding from contents of article 269 KOAS, court resolutions are not subject to revision on newly discovered facts if the actual circumstances having essential value for case arose after acceptance of court resolution.

The circumstances which arose after acceptance of court resolution can be the basis for appeal to the court with the independent statement (claim) for the same matter in issue on the new bases.

4. According to article 268 KOAS:

the decisions which took legal effect, determinations accepted by Trial Court can be reviewed on newly discovered facts by the court which made this decision, determination;

review on newly discovered facts of resolutions and determinations of courts of appeal, cassation or auditing instance by which the court resolution of subordinate court is changed or adopted new court resolution is made in court of that instance in which the new court resolution is changed or adopted.

If the statement for review of court resolution on newly discovered facts arrived with cognizance abuse of regulations, it shall be transferred to the relevant court.

5. Explain that have the right to file petition for review of the court resolution which took legal effect on newly discovered facts persons participating in case, in particular:

parties (their legal successors);

the third parties (their legal successors) involved in case by determination of court;

prosecutor;

state bodies and other persons, owing to the powers assigned to them.

The statement for review of court resolution on newly discovered facts is filed a lawsuit in writing or in the form of the electronic document behind the signature (digital signature) of the given his face or the signature of his representative which powers shall be supported by the document (article 61 KOAS) enclosed to the application.

6. The law does not provide the right of persons who are not recruited in case on whose rights and obligations the court made the decision, to file petition for review of court resolution on newly discovered facts. In this regard to explain that specified persons have the right to appeal court resolution in court of higher instance.

In case of giving by person who is not recruited in case, statements for review of court resolution on newly discovered facts it is subject to return according to Item of 1 part one of article 273 KOAS and if such statement is mistakenly adopted to production, then on these bases it is necessary to refuse its satisfaction.

Explain to courts that attraction to participation in consideration of the application about review of court resolution on newly discovered facts of the third parties who are declaring independent requirements and not declaring independent requirements concerning matter in issue is not allowed.

7. Draw the attention of courts that article 271 KOAS establishes requirements to form and content of the statement for review of court resolution on newly discovered facts.

In particular, shall be specified in the statement:

the name of court to which the application is submitted;

names (surname, name, middle name) of persons participating in case, their location (postal address) or residence;

the name of the court which adopted court resolution which review on newly discovered facts requires the applicant, file number, acceptance date of court resolution, subject of the requirement;

the newly discovered fact which is according to the applicant, the basis for review of court resolution, with reference to documents;

the requirement of person submitting the application;

the list of the enclosed documents.

Also copies of the documents confirming newly discovered facts, the document confirming the direction to other persons participating in case, copies of the application and documents, and in case of signing of the statement by the representative - the document confirming powers on its signing shall be enclosed to the application.

8. The statement for review of the court resolution which took legal effect on newly discovered facts is filed a lawsuit, the adopted this court resolution, no later than one month from the date of opening of the circumstances which are according to the applicant, by the basis for review of court resolution.

According to the petition of person who filed petition, the missed submission due date of the statement can be recovered by court under condition if the petition is submitted no later than six months from the date of opening of circumstances which are specified in the statement as the basis for review of court resolution, and the court recognizes the reasons of the omission of term valid (part three of article 270 KOAS).

9. Explain to courts that if the application is submitted with abuse of regulations, established by articles 270 and 271 KOAS, in particular, it is given after the expiration of fixed term and without petition for its recovery, the court takes out determination about return of the statement. Such determination can be appealed (is protested).

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