Article 122. Grounds for leaving the claim undecided

The court shall leave the claim undecided, if:

1) the claim is filed by a legally incapable person;

2) the claim on behalf of the interested person is filed by a person who has no authority to handle the case;

3) there is a case in the proceedings of a civil court, an economic court or an arbitration court on a dispute between the same parties, concerning the same subject matter and on the same grounds;

4) an arbitration agreement has been concluded between the parties to transfer this dispute to an arbitration court for resolution;

5) the parties, who did not request for case proceedings in their absence did not appear without valid reasons upon secondary summon, and the court does not deem it possible to resolve the case based on materials available in the case;

6) the plaintiff, who did not request for case trial in his/her absence failed to appear in the court upon secondary summon, and the defendant does not demand the case proceedings on the merits;

7) a dispute arose during the special proceedings about the law falling within the jurisdiction of the court;

8) the husband has filed a suit for dissolution of marriage without the wife's consent during her pregnancy or within a year after the birth of the child;

9) the plaintiff has filed an application on leaving the claim undecided;

91) the plaintiff, in whose interests a claim has been filed by a prosecutor, a state body, an organization or another person, has refused the claim and the rights, freedoms and legitimate interests of third parties are not affected.;

10) the plaintiff has not complied with the pretrial procedure of dispute settlement with the defendant, when it is stipulated by law or contract;

101) the plaintiff has not complied with the procedure of dispute settlement with the conduction of the mediation procedure with the defendant, when it is stipulated by law for this category of disputes or the contract;

102) the parties, who applied for the mediation procedure did not appear at the court session without valid reasons upon expiration of the term of mediation procedure;

103) a mediation agreement has been concluded between the parties;

11) an application for recognition of property (item) as ownerless has been filed prior to the term established by law or in violation of the procedure provided by law for detection and considering of property (item) as ownerless.