RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of October 3, 2025 No. 25

About procedure for consideration of the applications about review of court resolutions on again opened and new circumstances on administrative, civil and economic cases

Plenum of the Supreme Court of the Kyrgyz Republic, in view of the questions arising in court practice in case of consideration of the applications (ideas) of review of the court resolutions which took legal effect on again opened or new circumstances by consideration of administrative, civil and economic cases by courts and also for the purpose of ensuring the correct and uniform court practice, being guided by the p. 3 of Art. 98 of the Constitution of the Kyrgyz Republic, Art. 18 of the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts that the Code of civil procedure of the Kyrgyz Republic and the Administrative Procedure Code of the Kyrgyz Republic for the purpose of effective recovery of the violated rights provide possibility of review on again opened or new circumstances of the court resolutions of courts of the first, appeal and cassation instances which took legal effect.

Newly discovered facts are the circumstances having essential value for case which existed at the time of removal of court resolution, but were not and could not be known to the applicant.

New circumstances are the circumstances having essential value for case which arose after acceptance of court resolution.

The question of whether circumstances are opened again or new to the considered case, resolves court in each case taking into account case papers and documents submitted by the applicant.

2. Owing to the Art. 372 GPK of the KR and the Art. of 267 AIC of the KR on again opened or new circumstances the acts of courts of the first, appeal and cassation instances which took legal effect on civil, economic and administrative cases can be reviewed, i.e. both decisions, and the determination of courts which are taken out beside the point cases which appeal is directly provided by regulations of GPK of the KR and the AIC of the KR or they exclude possibility of further movement of case.

So, on again opened or new circumstances determinations can be reviewed: about refusal in adoption of the claim; about suit abatement; about leaving of the claim without consideration.

According to the changes made to the AIC of the KR by the Law of the Kyrgyz Republic of January 11, 2025 No. 3, to review on again opened or new circumstances determinations about recovery or refusal in recovery of term of limitation period on submission of the claim are subject.

At the same time, courts should mean that the legal line item of the Constitutional court of the KR stated in decisions of March 17, 2021 to No. 9-r and on December 27, 2023 provides need of provision of possibility of review on again opened and new circumstances as well court resolutions about cancellation of the judgment and renewal of production on newly discovered facts.

3. On again opened and new circumstances cannot be reviewed: the court resolutions which took legal effect on cases on bankruptcy concerning the debtor to whom the procedure of special administration as a result of which the debtor is liquidated and excluded from the state register of legal entities was applied (the p. 3 of the Art. 373, the p. 3 of the Art. 374 GPK of the KR); the judgment and the court order of cassation instance on cases on protection of the voting rights of subjects of the electoral process and on appeal of the decision of Judicial council of the Kyrgyz Republic on early release of the judge from post (the p. 11 of the Art. 203, the p. 9 of the Art. of 205 AIC of the KR); the court resolutions adopted on the case of contest of the resolution and action (failure to act) of the legal executive in case of execution of executive documents (the p. 4 of Art. 211-6 of the AIC of the KR).

4. Are not subject to revision on again opened or new circumstances of determination of courts of the first, appeal and cassation instances about refusal in review of court resolution on again opened or new circumstances

5. The exhaustive list of the opened again and new circumstances which are the bases for review of the court resolutions which took legal effect is provided in the p. 2 of Art. 373 and the p. 2 of the Art. 374 GPK of the KR - on civil and economic cases, in the p. 2 of Art. 268 and the p. 2 of the Art. of 269 AIC of the KR - on administrative cases. The specified list is not subject to extensive interpretation.

At the same time, it must be kept in mind that item 2 of the p. 2 of the Art. 373 GPK of the KR is acknowledged as the solution of the Constitutional court of the Kyrgyz Republic of May 3, 2023 to the contradicting parts 1, of 2 stations 57, of part 1 of Art. 94 of the Constitution of the Kyrgyz Republic in the part put into words "the prosecutor, the investigator".

6. According to item 1 of the p. 2 of the Art. 373 GPK of the KR the basis for review of the court resolutions which took legal effect on newly discovered facts are the document having essential value for permission of case which was not and could not be known to the applicant at the time of acceptance of the disputed court resolution.

With respect thereto, courts should take into account that in case of the solution of question of recognition of the submitted document as the basis for review of court resolution on newly discovered facts essential value shall have availability of circumstance (dispositive fact) in it existing at the time of removal of the disputed court resolution, but unknown to the applicant, but not time (date) of creation or issue of the specified document. In this case assessment is given not to the document, but the circumstance established by this document.

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