Abstract

The article is devoted to the analysis of legal consequences of the defendant’s failure to submit the application for the revision of the default judgment, in particular, the ratio in the trial in absentia of the application for the revision of the default judgment without consideration as a procedural action (in accordance with art. 126 Civil Procedural Code of Ukraine), and the application for revision of the default judgment without satisfaction in case of missing the deadline of its submission (in accordance with part 3 of art. 287 of the Civil Procedural Code of Ukraine). It has been established that in law enforcement practice the established practice of leaving the application for revision of the default judgment without consideration in case of refusal in renewal of the application for revision of the default judgment has been made. The Grand Chamber of the Supreme Court, in order to ensure the unity and consistency of the judicial practice, in November 2021 dismissed this position and provided that the court is obliged to take a duly executed application for review of the default judgment, regardless of missing the deadline for its submission and to leave the application without satisfaction if there is no reason to renew such a deadline. The article argues that in the situation of submitting the application for revision of the default judgment with the omission of the term established by the Civil Procedural Code of Ukraine, to make an application for review of the default judgment for consideration and, as a result, it is wrong to refuse such an application. The best option would be for the court to decide not to leave the application for the revision of the default judgment without satisfaction (because such a decision is possible based on the results of the application for the revision of the default judgment, and if there are no grounds for renewing the missed deadline, then there were no grounds for reviewing the merits of the application for review of the default judgment), and would decide to refuse to renew the missed deadline for the submission of the application on the revision of the default judgment (with such formulation). In case of disagreement with the court’s arguments concerning refusal to renew the deadline, the defendant will be able to appeal. In this approach, it cannot be said that he loses the right to appeal the default judgment, and this will promote the principle of procedural economy.

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