Termination of proceedings in a civil case: procedure. assistance of a lawyer

(Official version of Article 220 of the Code of Civil Procedure of the Russian Federation)

The court terminates the proceedings if:

there are grounds provided for in paragraph 1 of part one of Article 134 of this Code;

there is a court decision or a court ruling that has entered into legal 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 a settlement agreement between the parties;

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

the parties entered into a settlement agreement and it was approved by the court;

there is a decision of the arbitration tribunal that 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 forced execution of the arbitration tribunal’s decision or if the court canceled the said decision ;

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.

Grounds for termination of civil proceedings

The application is not subject to consideration in civil proceedings. It means that the court does not have the authority to resolve a specific dispute that has arisen - such a dispute must be resolved by other law enforcement agencies. If the proceedings on the case are terminated in connection with the above-mentioned grounds, the person is not deprived of the right to have his application considered by another authorized body.
There is a decision on an identical dispute that has entered into force. In this case, it is necessary to note the following: Requirements for the act: 1) it must enter into legal force. The fact of making a decision does not matter; 2) this may be a decision or ruling to terminate proceedings, a ruling to leave the claim without consideration, as well as a decision of the arbitration court.
Identity. Determined by three criteria: 1) the subject of the dispute (in essence this is the plaintiff’s claim itself); 2) the basis of the dispute (the factual circumstances on which the plaintiff’s claims are based. Thus, when collecting a penalty for one time period, it does not deprive you of the right to collect the same penalty, but for a different period); 3) parties (in this case we mean the procedural role - plaintiff, defendant, third party).

There is a waiver of the plaintiff's claims accepted by the judge. Such a refusal is not taken for granted. If the refusal does not comply with the interests of other persons, the process continues. This is possible when a claim is brought in the interests or defense of a person.

The death of a party to the case does not allow the transfer of his rights and obligations in a material legal relationship to other persons. For example, the obligation to pay alimony does not pass to the heirs.

USEFUL: our civil lawyer will help you understand the procedural legislation of any case, watch the VIDEO with tips and ask your question in the comments of the video

Nuances

When analyzing the provisions of Articles 134 and 220, it can be noted that the legislator removed from the Civil Procedure Code the rule that provides for the termination of proceedings due to the fact that the case is not subject to trial at all by the court. Lawmakers proceed from the fact that all legal events can be considered by the specified bodies and resolved by them on their merits.

Meanwhile, this approach cannot be considered absolutely correct. The fact is that it does not comply with the norms of current legislation. We are talking, in particular, about cases of termination of proceedings in administrative cases.

Having analyzed Chapter 23 of the Administrative Code, the following can be noted. Cases provided for in Article 23.1 are within the jurisdiction of the court; disputes specified in Art. 23.2 may be considered by this authority if the official or body to which they were received sends them to it. Accordingly, termination of proceedings in a case of an administrative offense falls within the competence of not only the courts, but also other authorized institutions of government.

Finally, cases provided for in Articles 23.3-23.61 are dealt with by internal affairs bodies, penal institutions, tax and customs authorities, military commissars and other bodies. Accordingly, they are beyond the jurisdiction of the court.

Taking this into account, authorities that mistakenly accepted disputes, the resolution of which 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.

Procedure and consequences of termination of proceedings

The procedural procedure for termination by the court of consideration of a civil case presupposes:

Availability of grounds necessary for the court to terminate the case.
Court ruling to dismiss the case.

To terminate a case you must:

Submit an application (petition) to the court hearing the case.
Appear, if necessary, for the consideration of the application. In general, petitions are resolved by the court, taking into account the opinions of the persons participating in the case. The petition is considered by the court immediately after its application or at the next meeting.
Based on the results of the resolution of the petition, a ruling is issued, which must be received by all persons participating in the case.

A petition is a form of expression of the will of a party or other persons involved in the case. It should contain:

Name of the court to which it is addressed
Name or names of all parties and persons involved in the case
Information about the applicant
Statement of the grounds on which the court may dismiss the case
The pleading part with the requirement that the court terminate the case in the manner established by the Code of Civil Procedure on the stated grounds.
Date and signature of the applicant

Information about the petition must be included in the minutes of the court hearing, and the petition must be attached to the case file. The protocol must contain the signatures of the persons entering into the settlement agreement and the person waiving the claims.

If the court issues a ruling on termination, the parties are warned of the consequences in the form of the impossibility of mandatory consideration of this dispute by the court; the information is duplicated in the ruling.

After a ruling is made to terminate the case, the parties face consequences in the form of the impossibility of further progress of the case, the impossibility of the court considering the dispute between the same parties on the same subject.

Leaving claims without consideration

This is possible on the grounds provided for in Article 222 of the Code of Civil Procedure. The court leaves claims without consideration if:

The plaintiff did not comply with the rules of pre-trial regulation established for this dispute in federal legislation or agreement.
The application was sent to the court by an incapacitated subject. The exception is situations when this person files a claim for recognition of his legal capacity, restoration of the period for filing such a claim.
The application was submitted or signed by an entity that does not have the authority to do so.
In the proceedings of this or another authority, including arbitration, a dispute on the same grounds, on the same subject, between these parties is already being considered.
An agreement was drawn up to transfer the case for resolution by an arbitration court, and an objection was received from the defendant before the start of the proceedings to consider the claims in this instance.
The parties to the dispute who did not request that the proceedings be conducted in their absence did not appear at the hearing again.
The plaintiff, who did not ask to consider the case in his absence, did not appear on the secondary summons, and the defendant does not insist on the trial on the merits.

The rules and consequences of leaving claims without consideration are regulated in Article 223 of the Code of Civil Procedure.

Refund of state duty upon termination of proceedings

State duty is a type of fee levied in favor of the state treasury for consideration of a case by a court.

Legislation on taxes and fees regulates the issue of duty refunds.

In accordance with the Tax Code of the Russian Federation, if the case is dismissed due to the abandonment of the claim or the conclusion of a settlement agreement, then only 70% of the amount paid by the plaintiff is subject to refund. For other reasons, the state fee cannot be returned.

In order to return the state duty in the event of termination of the case on the specified grounds, it is necessary to submit a corresponding application to the tax office at the location of the court. For example, you can return the state fee for consideration of a case by a district court to the Federal Tax Service for the corresponding administrative region. The application must include data that allows you to identify the payment - a receipt (a copy thereof), as well as a copy of the court ruling to terminate the consideration of the case on appropriate grounds.

Administrative actions

These include:

Refusal of the plaintiff's claims.
Approval of the settlement agreement.

These actions may serve as grounds for termination of the proceedings if they were accepted by the court.

The authority, when accepting the applicant’s refusal or approving an agreement between the parties, is obliged to check a number of circumstances. The court, in particular, must establish whether they are consistent with regulations and whether they do not violate the interests of other entities. Otherwise, a determination of non-acceptance of the refusal or non-approval of the agreement is made. Accordingly, the proceedings continue.

Refusal to terminate the proceedings

Sometimes the applicant receives a denial of his request to dismiss the case. The reasons for such a refusal may include the following circumstances:

During the resolution of the petition by the court, taking into account the opinions of the parties, the existence of legal grounds for termination of the case was not confirmed
During the resolution of the application, it was established that the grounds specified in the application were absent
The petition to terminate the case refers to grounds for termination that are not provided for by procedural law
There are no grounds for dismissing the case
Other reasons

A private complaint against a ruling refusing to terminate a case cannot be filed due to the fact that the possibility of appealing such a ruling is not provided for by procedural legislation.

The court leaves the complaints without progress in accordance with the guiding clarifications of the Supreme Court of the Russian Federation. In a number of cases, the court refuses to accept such a complaint on the same grounds. You have the right and opportunity to present your arguments and disagreement in an appeal against the final court decision, if you do not agree with it.

Impossibility of succession

This situation usually occurs in relationships that are inextricably linked with the personality of the subject. Thus, the proceedings on a dispute regarding an employee’s reinstatement at work, divorce, alimony, compensation for damage to health/life in the event of the death of the interested party are subject to termination. Moreover, the death of the defendant does not in all cases have legal significance for the case.

The rule provided for in paragraph. 6 220 Articles of the Code of Civil Procedure, also applies in special proceedings. Examples are cases about:

establishing the facts of being a dependent or an accident, if this is necessary for assigning payments;
emancipation of a minor;
forced examination or hospitalization of the subject in a psychiatric hospital.

Appeal against termination of proceedings

The procedure for appealing such a determination is the general procedure of the Civil Procedure Code for appealing court decisions. It is necessary to file a private complaint with the appellate instance through the court that terminated the proceedings by its decision.

Consideration of the complaint by the appellate authority ends with a refusal to satisfy it or the cancellation of the determination and referral of the case for a new consideration.

A complaint can be filed on the following grounds:

The court has not verified the identity of the claims stated by the plaintiff with the claims in another case, the decision in which has entered into force
The court did not take into account the circumstances preventing the termination of the proceedings
The case was dismissed on grounds that had ceased to exist before the decision to resolve the motion to dismiss was made, before the relevant determination was made.
The case was dismissed on factually non-existent grounds.

A court ruling to terminate a case may be appealed to a higher court within fifteen days from the date of issuance of the appealed judicial act by filing a private complaint. Such a complaint is not subject to state duty.

How to write a petition to dismiss a civil case? See sample:

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. We are talking, in particular, about the collection of alimony payments, division of property, divorce, etc.

In these cases, the presence of a decision that has entered into force in a dispute on the same grounds, on the same subject, in which the same parties participated, does not in all cases act as a basis for terminating the proceedings.

Assistance in terminating a civil case in Yekaterinburg

A ruling to terminate proceedings in a civil case that has entered into legal force has serious consequences: a ban on re-applying with the same application. In this regard, contact our lawyer in order to prevent a negative situation; we will help both in the matter of termination of the case and, on the contrary, we will prevent it. Sign up for a consultation today!

Moment of termination

As for the question: “When exactly is production terminated?”, the law indicates that this is possible:

in the preliminary meeting, when preparations are underway for the main meeting;
in the main court hearing.

In this case, an important nuance is the fact that the court, one way or another, must examine evidence from which it follows that there are indisputable reasons to dismiss the case.

This means that explanations from the parties, testimony from other participants in the case can be heard, documents can be examined, and evidence presented from other sources provided for by law can be considered.

Additionally

If the claim is left without consideration, the court issues an appropriate ruling. In the resolution, he must indicate ways 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 subject must correct the shortcomings. It must be said that if the applicant does not manage to eliminate these circumstances within the prescribed period, his application will be considered not submitted. Accordingly, he will have to re-file the claim, and the deadlines for consideration and making a decision on accepting the requirements for production will begin to flow again.

After eliminating the circumstances that impeded the movement of the application within the established period, the interested party again goes to court. At the request of the defendant or plaintiff, the authority cancels the previously issued ruling to leave the claims without consideration on the grounds provided for in paragraph. 7, 8 222 articles, if the parties provide evidence of valid reasons for failure to appear at the hearing.

The court has the right to refuse to satisfy such a request. In this case, the interested party can file a private complaint.

To prevent a claim from being left without consideration, it is necessary to pay special attention to the rules for filing it. In some cases, it is advisable to seek help from a lawyer.

Not provided

For example, it is worth paying attention to the fact that the termination of a court case occurs when its establishment is not envisaged. That is, in cases where it does not relate to such a point as civil proceedings provided for in the 1st part of Article 134 of the Code of Civil Procedure of the Russian Federation. That is, the case itself does not always have room for initiation. For example, this includes cases in which there is already a court decision on an issue that is not subject to appeal.

If arbitration courts intervene, turning to ordinary courts will not give you any result. That is, your question will not be considered. It is no secret that the decisions made by the arbitration court are not subject to further discussion. This should be remembered.

Comments

There is at the station. 220 Civil Procedure Code comments. They bring a little clarity to some of the nuances of our current process. Which ones exactly?

For example, it is worth paying attention to paragraph 2 of this article. There may be different situations as grounds for termination of a case. For example, it is no secret that, according to modern laws, a husband does not have the right to divorce without the consent of his wife within a year after the birth of a child, even if he was stillborn. Moreover, if a man tries to initiate a case on this issue, the court will refuse him. If it has already been considered for one reason or another, the claim 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 grounds for dismissal of the case in court. Why? The law provides for the right of inheritance. Therefore, if this option occurs, then the paperwork does not stop. Moreover, the defendants will now be the heirs - legal successors. These are the norms specified in the modern legislation of the Russian Federation.

As you can see, our question today is actually not that difficult. You can figure it out. It is enough to know all the nuances of your case to answer whether it is possible to use Art. 220 GPC or not.

World

That's not all. The court terminates the proceedings if there is a peaceful agreement between the parties. That is, a truce was concluded between the victim and the defendant for one reason or another.

As practice shows, this process is usually accompanied by making amends. The defendant must necessarily agree with the plaintiff on how exactly he will compensate for the damage. Only after this can the judicial debate be stopped. In reality, it is usually necessary to first make amends, and only then withdraw the claim and recognize the conclusion of a peace agreement.

Otherwise, you will have to draw up an act setting out the deadlines for the defendant within which he must compensate the plaintiff for damages. If the execution is refused, the case cannot be terminated. Only if the plaintiff himself renounces the statement of claim. But in reality this happens extremely rarely.