Article 194. Denial of the petition on committal for trial

The judge shall deny committal of the petition for trial in cases when:

1) the stated claim is not subject to the jurisdiction of the civil court, the economic court or the administrative court;

2) there is a decision or ruling of a civil court, an economic court, an administrative court, or a competent foreign court that has entered into legal force on committal of the plaintiff's waiver of the asserted claims or on approval of the parties' amicable agreement, made on a dispute between the same parties, on the same subject, and on the same grounds;

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

4) there is a decision of the arbitration court — entered into legal force — made on a dispute between the same persons, on the same subject, and on the same grounds, except for the cases when the civil court has denied the issuance of a writ of execution for enforcement of a decision of an arbitration court;

5) there is a ruling on a dispute between the same persons, on the same subject and on the same grounds to terminate the arbitration proceedings, except for the case when the arbitration proceedings are terminated due to the absence of the competence of the arbitration court to consider that dispute.

5¹) if there is an issue of a writ of execution by the court for the compulsory enforcement of a mediation agreement concluded in respect of a dispute between the same parties, on the same subject matter, and on the same grounds;

The judge's denial of the petition for trial on the grounds stipulated by this Article shall prevent the second recourse to a court.

In the ruling, the judge is obliged to indicate which body the applicant should apply to if the dispute resolution falls within the competence of another state body.

A private complaint (or protest) may be filed against the court ruling on refusal to accept the application for proceedings. If the ruling is annulled, the application shall be considered as filed on the date it was initially submitted to the court.