Azərbaycan Respublikası Ali Məhkəməsi

Principles of filing of application on revision of the acts which have lawfully come into force on the basis of newly opened circumstances.
THE CIVIL PROCEDURAL CODE OF THE AZERBAIJAN REPUBLIC
 
Article 432. Re-hearing of case

432.1 Court acts entered into legal force may be re-heard on new established circumstances.

432.2 The followings shall be grounds for re-hearing of court acts on new established circumstances:

432.2.1 discovery, after issuance of court act, of decisive materials not known in the course of previous hearing;

432.2.2 intentional rendering of false testimony by witness, of false opinion by expert, of false translation by interpreter, forgery of documents or material evidence established by entered into legal force court verdict and resulting in issuance of illegal or groundless resolution;

432.2.3 criminal activities in the course of case review of parties, other persons participating in case or their representatives as well as criminal actions of judges established by entered into legal force court verdict;

432.2.4 repeal of resolution, verdict, ruling or decision of court or decision of other body serving as a basis for issuance of the court act.

Article 433. Court re-hearing court acts on new established circumstances Entered into legal force court acts shall be re-heard on new established circumstances by the Plenum of the Supreme Court of the Azerbaijan Republic.

Article 434. Procedure and period for submission of petition

434.1 Petition in respect of re-hearing of entered into legal force court acts on new established circumstances shall be submitted by persons participating in case to the Supreme Court of the Azerbaijan Republic within 1 month of discovery of circumstances specified in Article 432 of this Code serving as ground for case re-hearing.

434.2 Petition shall be obligated to send to other persons participating in case copy of his petition and appended to it documents.

434.3 Documents confirming dispatch of copies of petition and appended to it documents to persons participating in case shall be appended to petition.

434.4 Petition shall be returned to petitioner in the event petition is submitted after expiry of certain period and where there is no motion in respect of restoration of missed period, or in the event of failure to present documents confirming dispatch to persons participating in case of copies of petition and appended to it documents.

Article 435. Content of petition in respect of re-hearing of cases on new established circumstances

435.1 Petition relating to re-hearing of cases on new established circumstances shall contain the following information:

435.1.1 accurate indication of disputed act;

435.1.2 reference to legal ground for filing of petition;

435.1.3 information on observance of periods of limitation for filing of petition and indication of means of proof in this respect;

435.1.4 motives for repeal of issued act.

435.2 Petition shall be appended with originals or copies of documents serving as a basis for petition as well as documents stated in Article 432 of this Code.

Article 436. Calculation of period of limitation for submission of petition

436.1 Period of limitation for submission of petition shall be calculated in the following order:

436.1.1 starting from the day of establishment of material for case circumstances - in circumstances specified in Article 432.2.1 of this Code;

436.1.2 starting from the day of entrance into legal force of verdict in respect of criminal case _ circumstances specified in Article 432.2.2 and 432.2.3 of this Code;

436.1.3 starting from the day of entry into legal force of court verdict, resolution, ruling, decision, or day of issuance by state body of other body of decision contradicting to verdict, resolution, ruling or decision serving as a basis for a contextual re-hearing of resolution, ruling or decision - in circumstance specified in Article 432.2.4 of this Code.

436.2 There shall be no re-hearing of petition upon expiry of 3 years from establishment of circumstances specified in Article 432 of this Code.