Article 4074. Refusal to Accept a Cassation Complaint (Protest) for Proceedings

A judge shall refuse to accept a cassation complaint (protest) for proceedings in the following cases:

1) if the cassation complaint (protest) is filed by a person not entitled to appeal (protest) the judicial act;

2) if the cassation complaint (protest) is filed against a judicial act that, under the law, is not subject to cassation review;

3) if the cassation complaint (protest) is filed against a judicial act already reviewed in cassation procedure;

4) if the complaint (protest) is submitted after the expiration of the prescribed time limit and the motion for restoration of the missed deadline has been denied;

5) if a ruling exists on termination of proceedings on the cassation complaint (protest) due to its withdrawal by the person who filed it.

The ruling on refusal to accept the cassation complaint (protest) for proceedings shall specify the grounds for the refusal and resolve the issue of refunding the state duty paid upon submission of the complaint.

A supervisory complaint (protest) may be filed against the ruling on refusal to accept the cassation complaint (protest).

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