Civil procedural law. Ending the case without a court decision (most important)

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Civil procedural law. Ending the case without a court decision (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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38. CLOSING THE CASE WITHOUT JUDGING

A civil case may end without a decision. Ending the process without making a decision is possible in two forms.

1. Termination of proceedings on the case (Articles 220-221 of the Code of Civil Procedure of the Russian Federation).

2. Leaving the application without consideration (Articles 222-223 of the Code of Civil Procedure of the Russian Federation).

The court terminates the proceedings in the case if:

1) the application is not subject to consideration and resolution in civil proceedings, since the application is considered and resolved in another court procedure;

2) the application has been submitted by a person who does not have such a right;

3) there is a court decision or court ruling that has entered into force and was adopted in a dispute between the same parties, on the same subject and on the same grounds, to terminate the proceedings in connection with the acceptance of the plaintiff's refusal of the claim or the approval of the settlement agreement of the parties;

4) the plaintiff abandoned the claim and the refusal was accepted by the court;

5) the parties have entered into a settlement agreement and it has been approved by the court;

6) there is an arbitral tribunal decision, which has become binding on the parties, adopted in a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court refused to issue a writ of execution for the enforcement of the arbitral tribunal's decision;

7) after the death of a citizen who was one of the parties to the case, the disputed legal relationship does not allow succession or the liquidation of the organization that was one of the parties to the case is completed.

Proceedings on the case are terminated by a court ruling, which indicates that re-appeal to the court in a dispute between the same parties, on the same subject and on the same grounds is not allowed.

The court leaves the application without consideration if:

1) the plaintiff has not complied with the pre-trial procedure for resolving the dispute established by federal law for this category of cases or provided for by the agreement of the parties;

2) the application has been submitted by an incompetent person;

3) the application is signed or filed by a person who does not have the authority to sign it or file a claim;

4) in the proceedings of this or another court, arbitration court there is a case initiated earlier on a dispute between the same parties, on the same subject and on the same grounds;

5) there is an agreement of the parties on the transfer of this dispute for consideration and resolution of the arbitration court and from the defendant, before the start of the consideration of the case on the merits, an objection was received regarding the consideration and resolution of the dispute in court;

6) the plaintiff, who did not ask for the case to be heard in his absence, did not appear in court on a second summons, and the defendant does not demand that the case be heard on the merits.

The list of grounds for leaving the application without consideration is exhaustive.

Proceedings on the case in case of leaving the application without consideration ends with a court ruling, in which the court is obliged to indicate the circumstances that impede the consideration of the case and explain the ways to eliminate them.

After the elimination of the circumstances that served as the basis for leaving the application without consideration, the interested person has the right to apply to the court again with an application in the general manner.

Author: Gatin A.M.

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