Article 4073. Return of a Cassation Complaint (Protest)

A cassation complaint (protest) shall be returned by a judge in the following cases:

1) if the cassation 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 cassation complaint (protest) does not comply with the requirements provided in Article 406 of this Code, or if the documents required under parts two and four through six of Article 407 of this Code are not attached;

3) if documents confirming payment of the state duty and postal expenses in the prescribed manner and amount are not attached to the cassation complaint (protest), or if, in cases where the law allows for deferred, installment, or reduced payment, no relevant motion has been filed or the motion was denied;

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

5) if the cassation complaint (protest) is filed after the expiration of the prescribed time limit and no motion for restoration of the missed deadline has been submitted;

6) if, prior to the issuance of the ruling on acceptance of the cassation complaint (protest) for proceedings, the person who submitted the complaint (protest) files a request for its withdrawal.

The ruling on return of the cassation complaint (protest) shall specify the grounds for the return and resolve the issue of refunding the state duty paid for the complaint.

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

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

Once the circumstances specified in the first part of this article are eliminated, the person who submitted the complaint (protest) shall have the right to re-submit it to the court under the general procedure.