The decision to terminate the proceedings is made on the basis of the norms of Art. 220 GIC. It describes the relevant reasons. Some of them are applied in case of refusal to open a case. The following are the nuances of applying all the statutory reasons.
What is the essence
It consists in the termination of production on the merits. A judge does not accept a judicial act in which he would agree with or reject the lawsuit. The case remains unresolved on the merits.
The termination of production has something in common with the refusal to open a case. Art. 220 Code of Civil Procedure is applied when the reasons for refusal were not identified when preparing the case for consideration due to ignorance of all significant circumstances.
Features of the procedure
The decision to terminate the proceedings is made in the presence of at least one condition from a special list. To understand its provisions, turn to other provisions of the code.
Knowing the reasons for the cessation of proceedings is relevant to the plaintiff. This will at least give a chance to prevent the illegal closure of the case.
Citizens applying to the court, with rare exceptions, are not aware of the consequences of issuing a decision to terminate the proceedings. After the new opening of the case is excluded on the same grounds between the same persons.
Reasons to Stop
In order to make a decision to terminate the proceedings, there must be the following grounds:
- disputes or statements are not considered in the civil process;
- the case already has a decision on the merits;
- the parties signed a settlement agreement;
- the plaintiff refused the claim;
- in the same case, there is a decision of the arbitration court, unless the district court has canceled it or refused to issue a writ of execution on it;
- the organization that is the party is liquidated or the citizen, the former party, has died, and succession is excluded.
Appeal to the wrong court
Specialization has been introduced between the courts. For example, claims for disputes between entrepreneurs are considered in arbitration courts. If the application was filed with the general court, the opening of the proceedings is refused.
There is a difference in legal proceedings. Both general and arbitration courts also consider administrative cases (disputes with authorities and organizations performing their tasks). Confusion in the order of production led to the consideration of the dispute in the wrong procedural order.
The court rulings on the termination of the proceedings in this regard were made during the first months of the UAS. There was not yet clarity with the distinction with civil proceedings.
Another reason is that the person or body that filed the lawsuit does not have the right to representation, or actions or acts that do not affect the rights and interests of the applicant are disputed in the lawsuit.
The case has already been considered.
For example, a citizen damaged someone else's property. And its owner decided to seek harm. After the decision is made, the plaintiff cannot file a new claim for the same damage to the same defendant. The parties, the subject and the reason for the appeal coincide.
Settlement agreement
After its approval by the court, it gains the strength of the decision and is subject to execution on a general basis. An agreement is an agreement between the parties regarding a dispute, not a manifestation of the powers of a court. The plaintiff loses the right to file a new lawsuit, because the dispute is considered resolved. The difference is only in the absence of the usual court decision.
Ignoring the settlement agreement arises during the reorganization of legal entities, when there is confusion with documents and when changing the participants in legal relations during inheritance. It is worth presenting a document, and the decision to terminate civil proceedings is guaranteed.
Denial of claim
The plaintiff has the right throughout the entire process to abandon his claims in whole or in part. Unlike the request to leave the lawsuit without consideration, in case of refusal it is no longer possible to reopen the case. Failure is also a peculiar form of termination of the dispute on the merits.
Arbitration Decisions
They are canceled on the grounds prescribed in the Code of Civil Procedure upon the statements of the participants in the process. The list of reasons for cancellation is in Art. 421. The refusal to issue a writ of execution is based on the relevant provisions of the Civil Procedure Code and the laws “On Enforcement Proceedings” and “On Bailiffs”.
Lack of successor
The rights and obligations of organizations pass upon merger, accession, separation and spin-off. If the organization is liquidated, both rights and obligations cease.
In the case of inheritance, some rights and obligations do not become part of the inheritance due to the close relationship with the identity of their holder. For example, the case of the payment of alimony. The death of a parent or child terminates the case.
Complaint about the decision to terminate the proceedings
Served in case of disagreement with the judge. Despite the absence of direct instructions in the Code of Civil Procedure, it is appealed, according to Art. 331, because its removal hinders further production.
The peculiarity in the name is a private complaint. The deadline is 15 days from the date the decision was made or when the document became known (more often it is necessary to file an application for the restoration of the deadline).
Applications are considered with the obligatory participation of the parties in the court of appeal.
The readiness of the complaint is checked by the court of first instance (fulfillment of the requirements for execution), it also sends copies of it to the parties and accepts objections to it. Then, upon the expiration of the appeal period, the materials are transferred to the appropriate authority.
The main difference in appealing against a ruling on termination of proceedings is a reduction in the length of time for writing and filing an appeal.
Finally
The grounds listed in the law are related to two factors: either the case was examined on the merits and the dispute has already been resolved, or the dispute itself ceased to exist, for example, the plaintiff who had no heirs died.