Article 459. Resolution of the matter on reversal of execution of the judicial act by the court of first instance

The court to which the case is referred for a new consideration shall — on its own initiative — consider the matter of reversal of execution of the judicial act and resolve it in a new judicial decision or ruling, which ends the proceedings on the case.

If the court, reconsidering the case has not resolved the issue on reversal of execution of the cancelled judicial act, the defendant shall have the right to file with this court the claim on reversal of execution. This claim shall be considered in the court session with notification of the persons participating in the case. However, failure of these persons to appear shall not be an obstacle for consideration of the matter put to the court.

The claim on the reversal of execution of the judicial act may be filed within the general limitation period without payment of the State duty.

The claim on the reversal of execution of the judicial act shall be considered in a court session within ten days from the date of receipt of the claim in the court.

The document confirming the execution of the previously adopted judicial act shall be attached to the claim.

A ruling shall be rendered upon consideration of the claim on the reversal of execution of the judicial act.

A special complaint (protest) may be filed against the ruling on the reversal of execution of the decision.

In the event of approval of the claim on reversal of execution of the court resolution, the court shall issue a writ of execution for the return of the recovered monetary means, property, or its value.