Article 389. Return of an Appellate Complaint (Protest)

An appellate complaint (protest) shall be returned by a judge in the following cases:

1) if the appellate complaint (protest) is not signed or is signed by a person not authorized to do so, or by a person whose official position or initials and surname are not indicated;

2) if the content of the appellate complaint (protest) does not comply with the requirements set out in Article 386 of this Code, or if the documents required under parts two and four through six of Article 387 of this Code are not attached;

3) if the appellate complaint (protest) does not include a document confirming payment of the state duty and postal expenses in the prescribed manner and amount, or, in cases where the law allows for deferral, installment payment, or reduction of the state duty, there is no motion for such relief or the motion has been denied;

4) if the appellate complaint (protest) is submitted by bypassing the court that rendered the judicial act;

5) if the appellate complaint (protest) is filed after the expiration of the prescribed time limit and there is no motion to restore the missed deadline;

6) if, prior to the issuance of the ruling on acceptance of the appellate complaint (protest) for proceedings, the person who filed it submits a request to withdraw (retract) it.

The ruling on the return of the appellate complaint (protest) shall indicate the grounds for return and shall address the issue of refunding the state duty paid for filing the complaint.

A supervisory complaint (protest) may be filed against the ruling on the return of the appellate complaint (protest).

If the ruling on the return of the appellate complaint (protest) is annulled, the complaint (protest) shall be considered as filed on the date of its initial submission to the court.

After eliminating the circumstances specified in part one of this article, the person who filed the complaint (protest) shall have the right to re-submit it to the court in the general procedure.