Usually in the first instance, the trial ends with a decision on the merits. However, in practice, in some cases, the review may be completed without a court order. The Civil Procedure Code provides for two forms of termination of proceedings: leaving claims without consideration and terminating proceedings. Consider their features.
Distinctive features
The abandonment of claims and the termination of the proceedings differ significantly in terms of and legal consequences.
So, in the first case we are talking about a situation where the plaintiff, having the right to a defense in court, did not fulfill the conditions for its implementation. In this case, the applicant does not lose the opportunity to send the same requirements after eliminating the circumstances that prevented this earlier.
The termination of the proceedings takes place if the plaintiff does not have the right to receive protection in court. In this case, the law does not allow re-treatment of previous claims against the same person.
Article 220 of the Code of Civil Procedure
This norm establishes the grounds for terminating the proceedings. Among them are the following circumstances:
- The case cannot be considered in civil proceedings by virtue of the provisions of Clause 1 1 of Part 134 of the Code of Civil Procedure.
- The presence of a decision or court ruling on termination of the proceedings on the same subject and grounds of a dispute between the same participants on the same subject and grounds of the court as a result of the applicant’s refusal of the claim or approval of the agreement by the parties.
- Death / liquidation of the person acting as a party to the dispute. This basis applies if succession is not allowed in the legal relationship.
- Refusal of the plaintiff from claims and acceptance by the court.
- Approval of a settlement agreement.
- The presence of a resolution of the arbitration court, binding on the parties, adopted on a dispute between the same parties, on the same grounds and on the same subject. The exception is situations when the court refused to provide IL to enforce the decision.
Features of a legal institution
The termination of the proceedings should be considered as the completion of the activities of the court to consider the dispute. It can take place both at the stage of the trial, not only at the first, but also at the appeal and cassation instances, and at the preparatory stage.
Classification of circumstances
The termination of civil proceedings is allowed solely on the grounds enshrined in article 220 of the Code of Civil Procedure. They can be combined into 3 groups.
The first is based on grounds indicating that the applicant does not have the right to apply to court for protection.
The second group includes circumstances caused by the administrative actions of the parties in the proceedings already begun.
The third type of grounds are events that entail the inability to continue consideration of the case for reasons beyond the control of the parties and the court. It is about the death or liquidation of the subject. The latter, in particular, determines the termination of bankruptcy proceedings.
P. 1 h. 1 articles 134 Code of Civil Procedure
A decision to terminate the proceedings may be made if the dispute cannot be considered in a civil proceeding. In this case, the court should be guided by the provisions of paragraph 1 of paragraph 1 of part 134 of the article of the Civil Procedure Code.
The termination of the proceedings on this basis takes place not only in the case of the determination of the jurisdiction of the dispute, but also in situations where the claim cannot be considered due to the direct reference to this in the law. For example:
- claims cannot be resolved in a civil proceeding, as they must be resolved in a different judicial procedure;
- the application is aimed at protecting rights, interests and freedoms, but has been submitted by a government agency, local authority, organization or individual who, by virtue of the Civil Procedure Code or other federal laws, has not been granted the right to file it;
- acts that do not affect the interests of the applicant are disputed in the lawsuit.
Nuances
When analyzing the provisions of Articles 134 and 220, it can be noted that the legislator removed the rule from the Code of Civil Procedure that provides for the termination of proceedings due to the fact that the case is not subject to trial by the court at all. The lawmakers proceed from the fact that all legal events can be considered by these bodies and resolved on their merits.
Meanwhile, this approach cannot be considered absolutely true. The fact is that it does not comply with the norms of the current legislation. This, in particular, about the cases of termination of the administrative proceedings.
After analyzing Chapter 23 of the Code of Administrative Offenses, the following can be noted. Cases provided for in Article 23.1 are subordinate to the court, disputes referred to in Art. 23.2, may be considered by this instance if the official or body to which they arrived send them to it. Accordingly, the termination of proceedings in an administrative case is within the competence of not only the courts, but also other authorized institutions of power.
Finally, the cases provided for in Articles 23.3-23.61 are dealt with in the internal affairs bodies, penitentiary institutions, tax and customs structures, military commissars and other bodies. Accordingly, they are not subordinate to the court.
Given this, instances that mistakenly consider disputes whose resolution is not within their competence, put themselves in a very difficult position when resolving issues related to the termination of administrative proceedings. According to lawyers, in such situations, the provisions of Article 150 of the Code of Civil Procedure should be applied by analogy.
Identity Claims
Appeal to the court with requirements that had previously been presented to the defendant and had been considered, as evidenced by the decision that entered into force, is a circumstance that impedes the proceedings. The institution, by mistake accepting such a claim, is obliged to make a decision to terminate the proceedings. However, before the court must reliably establish the identity of the statements.
Exceptions
It is necessary to say about some features of the application of the provisions provided for in paragraph 2 220 of the article of the Code of Civil Procedure for disputes arising from ongoing legal relations. It is, in particular, the recovery of maintenance payments, division of property, dissolution of marriage, etc.
In these cases, the existence of a decision that has entered into force, on a dispute on the same grounds, on the same subject in which the same parties participated, does not in all cases appear as the basis for terminating the proceedings.
Administrative actions
These include:
- Refusal of the plaintiff from claims.
- Approval of a settlement agreement.
These actions may serve as the basis for the termination of the proceedings, if they were taken by the court.
The institution, accepting the refusal of the applicant or approving the agreement between the parties, is obliged to check a number of circumstances. The court, in particular, must establish whether they are consistent with regulatory acts and whether they violate the interests of other entities. Otherwise, a determination shall be made in the rejection or rejection of the agreement. Accordingly, the proceedings are ongoing.
Inability to Succession
Such a situation, as a rule, takes place in relationships that are inextricably linked with the personality of the subject. So, the dispute on the reinstatement of an employee at work, divorce, child support, compensation for damage to health / life in case of death of an interested party is subject to termination. Moreover, the death of the defendant is far from in all cases has legal significance for the case.
The rule provided for in para. 6 220 articles of the Code of Civil Procedure, is also used in special proceedings. Examples are cases of:
- establishing facts of being dependent or an accident, if necessary for the purpose of payment;
- emancipation of a minor;
- compulsory examination or hospitalization of a subject in a psychiatric hospital.
Request for termination of proceedings
It can be filed by any party to the dispute. As mentioned above, the cessation of production is carried out exclusively on the grounds enshrined in the Code of Civil Procedure. Third parties who are not involved in the proceedings and do not have independent claims are not entitled to file an application to terminate the proceedings.
The application is executed according to the rules enshrined in the procedural rules. As in other documents sent to the court, the requisite details must be indicated in the application:
- The name of the court.
- F. I. O., addresses, contact details of the parties.
- Title of the document.
- A brief description of the circumstances of the case.
- Reasons for discontinuing production.
- References to the rules of procedural law.
- List of documents attached by the person to the application.
- Number and signature.
In the text of the statement, it is necessary to refer to specific norms, indicate the article number, part, paragraph.
Particular attention should be paid to applications. The documents provided by the applicant must reliably confirm the facts that impede the continuation of the proceedings.
No claim
It is possible on the grounds provided for in article 222 of the Code of Civil Procedure. The court leaves the claim without consideration if:
- The plaintiff did not comply with the rules of pre-trial regulation established for this dispute in federal law or the contract.
- The application was sent to the court by an incompetent entity. The exception is situations when this person files a claim for recognition of his legal capacity, restoration of the deadline for filing such a claim.
- The application is filed or signed by an entity that is not authorized to do so.
- In the proceedings of this or another instance, including the arbitration, a dispute is already being considered on the same grounds, on the same subject, between these parties.
- An agreement was drawn up on the transfer of the case for resolution by the arbitral tribunal, and an objection was received from the defendant before the start of the proceedings regarding the consideration of the claims in this instance.
- The parties to the dispute who did not apply for proceedings in their absence repeatedly failed to appear at the hearing.
- The plaintiff, who did not ask to consider the case in his absence, did not appear on the second call, and the defendant does not insist on the merits.
The rules and consequences of leaving claims without consideration are regulated in article 223 of the Code of Civil Procedure.
Additionally
If the claim is left without consideration, the court shall issue an appropriate ruling. In the decision, he must indicate how to eliminate the circumstances provided for in Article 222 of the Code of Civil Procedure. The court also determines the time frame within which the entity must correct the deficiencies. It must be said that if the applicant does not have time to eliminate these circumstances within the prescribed period, his application will be deemed not to be submitted. Accordingly, he will have to re-submit the claim, and the time for consideration and decision on the adoption of production requirements will begin to flow anew.
After the elimination of circumstances that impeded the movement of the application within the established period, the interested entity again goes to court. At the request of the defendant or the plaintiff, the instance cancels the earlier ruling on leaving the claims without consideration on the grounds provided for in para. 7, 8 222 of the article, if the parties provide evidence of the validity of the reasons for failure to appear at the hearing.
The court is entitled to refuse such a request. In this case, the interested party may file a private complaint.
To prevent leaving the claim without consideration, it is necessary to pay special attention to the rules for its execution. In some cases, it is advisable to seek help from a lawyer.
Conclusion
The legislation provides for various instruments to protect the interests and rights of citizens and organizations. One of them is the lawsuit. When submitting claims, the applicant must comply with the requirements enshrined in the procedural rules. If they are not complied with, the court has the right to leave the claims without consideration.
Meanwhile, in practice there are situations in which the law requires the court to terminate the proceedings. Some circumstances do not depend on the will of the parties, others arise as a result of their conscious actions. For example, the latter include administrative acts of the parties to the dispute: rejection of a claim, conclusion of an agreement.
Regardless of what kind of procedural action is being taken, the lawsuit is left without consideration, proceedings are terminated, etc., the court is obliged to confirm this legal fact with documents. He must make a determination that reflects the essence of the legal act. Copies must be received by both the plaintiff and the defendant. This will ensure the implementation of the principle of equality.
It must be said that the legislation allows the appeal of definitions in case of disagreement with them by the person concerned. The decision to leave the claim without consideration, for example, can be challenged in private.