The applicant later applied to the district court for a review of the newly discovered decision, which she had previously appealed, and the first-instance court, which upheld the appellate court, also refused to open proceedings.

The court's assertion that a person who did not take part in the case could not appeal against the court decision on the basis of newly discovered circumstances is confirmed by the following:

✅ According to Art. 424 CCP of Ukraine application for review of the court decision on newly discovered or exceptional circumstances may be filed by the parties.

✅Part of 1 tbsp. 42 of the CCP of Ukraine provides that in cases of litigation the parties to the case are the parties, third parties. The list of participants in the lawsuit is exhaustive and is not subject to extended interpretation.

Thus, applications for review of court decisions on newly discovered circumstances may be filed by the parties to the case, ie the parties and third parties who were involved in the case in the court of first instance before the decision.

✅According to Part 3 of Art. 352 of the Code of Civil Procedure of Ukraine after the opening of appeal proceedings on the appeal of a person who did not participate in the case, but the court decided on his rights, freedoms, interests and (or) responsibilities, such person enjoys procedural rights and bears procedural responsibilities affairs.

A similar provision is contained in p. 2 chap. V CCP of Ukraine "Cassation proceedings" (part 4 of Article 389 of the CCP of Ukraine).

What's the matter?

Applicant - a person who did not participate in the case and as a result of the opening of proceedings on her appeal enjoys procedural rights and bears the procedural obligations of a party to the case, but within the meaning of Art. 42 of the CCP of Ukraine, she is not a party to the case, as she is not a party or a third party in this case.

The arguments of the cassation appeal that if the courts of appeal and cassation opened proceedings on the applicant's complaints, she has the right to file an application for review of the court decision on newly discovered circumstances, are unfounded, as the interpretation of Part 3 of Art. 352, part 4 of Art. 389 CCP of Ukraine gives the opportunity to conclude that a person who did not participate in the case, if the court has decided on his rights, freedoms, interests and (or) responsibilities, enjoys procedural rights and bears procedural responsibilities of the party, but the law does not give such a person the legal status of a party to the case.

The full text of the decision of the Supreme Court of April 8, 2020 in case № 2018 / 2-3638 / 11 (proceedings № 61-940св19) can be found at the link.