Restoration of the term for enforcement of a foreign court decision

The Supreme Court stated that the validity of reasons for missing the deadline for filing a motion for the enforcement of a foreign court decision is determined by the court, taking into account the applicant's active steps aimed at executing such a decision.Under Article 462 of the CPC of Ukraine, decisions of a foreign court (a court of a foreign state, other competent authorities of foreign states whose competence includes the consideration of civil cases) are recognized and enforced in Ukraine if their recognition and enforcement are provided for by an international treaty, the binding nature of which has been consented to by the Verkhovna Rada of Ukraine, or on the principle of reciprocity.According to the content of Article 463 of the CPC of Ukraine, a decision of a foreign court may be presented for enforcement in Ukraine within three years from the date it enters into legal force, with the exception of decisions on the collection of periodic payments, which may be presented for enforcement throughout the entire period of collection with repayment of arrears for the last three years.When deciding on the recognition and granting permission for the enforcement of a foreign court decision, the court cannot assess its correctness on the merits or make any changes to its content, but only verifies compliance with the deadlines for filing the motion, compliance with the requirements of procedural law regarding its form and content, and the presence of circumstances that may serve as grounds for refusing to satisfy the motion.