Record keeping in court plays an important role. But sometimes you can prematurely stop him. Norms and rules for this are prescribed in Art. 220 Code of Civil Procedure of the Russian Federation. In principle, her entire text is extremely easy to understand. So let's try to understand on what grounds the court has every right to terminate the conduct of a particular case. What contributes to this? Who can legally ask for the suspension (or rather, complete interruption) of the meeting?
Not provided
For example, you should pay attention to the fact that the termination of the court case takes place when the institution thereof is not provided. That is, in cases where it does not apply to such a clause as civil proceedings provided for in Part 1 article 134 Code of Civil Procedure of the Russian Federation. That is, it is not always the case in itself that takes place for excitement. For example, this includes cases in which there is already a court decision on a matter not subject to appeal.
With the intervention of the arbitral tribunals, also turning to ordinary courts will not give you any result. That is, your question will not be considered. It is no secret to anyone that the decisions made by the arbitral tribunal are not subject to further discussion. This should be remembered.
Bounce
The grounds for termination of proceedings may be different. And it is not always necessary to guess about them or to remember all possible cases. The whole problem is that often the answer is obvious.
So, for example, in Art. 220 Code of Civil Procedure (in its second part) indicates that the proceedings are terminated if the plaintiff himself withdrew the claim. It doesn't matter for what reasons. But the fact remains. The principle here is “no action - no action”. The obvious solution. Indeed, the basis for initiating a particular trial is precisely the statement of the victim or his representatives. It is called a lawsuit.
World
That's not all. The court shall terminate the proceedings if there has been a peace agreement between the parties. That is, between the victim and the defendant, for one reason or another, a truce was concluded.
As practice shows, this process is usually accompanied by the smoothing of guilt. The defendant must necessarily agree with the plaintiff on how he will compensate the damage. Only after this can the judicial debate be stopped. In fact, it usually requires first to make amends, and only then withdraw the lawsuit and recognize the conclusion of a peace agreement.
Otherwise, it will be necessary to draw up an act, where the deadlines for the defendant will be prescribed, in which he must compensate the plaintiff. In case of refusal to execute thereof, the case cannot be terminated. Only if the plaintiff himself rejects the claim. But in reality this happens extremely rarely.
Refusal and acceptance
A separate paragraph in Art. 220 Code of Civil Procedure of the Russian Federation prescribed the basis for termination of proceedings in respect of the plaintiff's refusal of his complaints. After all, situations are different. In some cases, you can just pick up the lawsuit, and the debate will end. But such privileges are not always given.
In some situations, it is necessary to obtain confirmation (approval) of the court to withdraw your statement of claim. And this is indicated in article 220 of the Civil Procedure Code of the Russian Federation. If you have a case that requires court permission to dismiss, you will have to get it. Only after that legally it will be possible to get rid of the judicial debate and numerous meetings.
In practice, to be honest, such situations are rare.Either the courts allow civil proceedings to be terminated at the request of the plaintiff, or they give permission without any problems for this purpose.
the confirmation
Another separate point in the article, which has already been indirectly indicated, is a settlement. Reconciliation between the parties is, as you know, the basis for terminating civil proceedings in a case. Such standards are specified in Art. 220 Code of Civil Procedure of the Russian Federation.
Nevertheless, similarly to the suit, judicial confirmation of the conclusion of a settlement agreement is also necessary in some cases. In practice, problems with obtaining thereof do not occur. That is, right at the meeting, you can agree on peace between the parties, fix it on paper, and then get a court confirmation of the entry into force of the agreement. And as a result, terminate the proceedings. In any case, with the world, no one has the right to continue the judicial debate. Remember this.
Liabilities
What else could be? Record keeping in court, according to Art. 220 Code of Civil Procedure of the Russian Federation, is capable of terminating legally, if there is a decision of the arbitration courts in the matter of disputes. Moreover, it must be binding. But not always. Sometimes there are exceptions.
Which ones? The thing is that if the court refused to issue the so-called writ of execution on the enforcement of the decision of the arbitration courts, the proceedings cannot be stopped. It is very easy to get confused.
Eradication and death
The last point, which is worthy of attention, fortunately, does not require any special explanation. The thing is that the civil proceedings will be terminated by the court if one of the parties dies, if the disputed relationship does not have the so-called inheritance (succession).
When it comes to organizations, it is worth noting that the cessation of office work takes place. But only in those cases when the company was liquidated. Moreover, only situations in which the process was legally recognized as completed are taken into account.
In principle, that’s all. As you can see, in today's article there are quite a lot of incomprehensible to citizens terms, bases and words. But if you somehow generalize all of the above, you can draw your own conclusions. For example, civil proceedings are terminated if there is a decision of the arbitral tribunal in a controversial issue, as well as if the plaintiff independently refused his application. Or options for concluding and signing the so-called peace treaty with its subsequent implementation are being considered.
Comments
There is at Art. 220 GIC comments. They bring a little clarity to some of the nuances of our process today. Which ones?
For example, you should pay attention to paragraph 2 of this article. The grounds for terminating the case may be different situations. For example, it is no secret to anyone that, according to modern laws, without the consent of the wife, the husband has no right to divorce within a year after the birth of the child, even if he was stillborn. In this case, if a man tries to initiate proceedings on this issue, the court will refuse him. If it has already been considered for one reason or another, the lawsuit for divorce will be declared invalid and the legal proceedings will stop.
It is also worth noting that the death of the defendant is not a basis for terminating the case in court. Why? The law provides for the right to inherit. Therefore, if such an option takes place, then the paperwork does not stop. Moreover, the defendants will now be the heirs - successors. These are the norms indicated in the modern legislation of the Russian Federation.
As you can see, in reality, our today's question is not so difficult. You can understand it. It is enough to know all the nuances of your case in order to answer whether the use of Art. 220 GIC or not.
