Article 4079. Termination of proceedings on a cassation complaint (protest)

The court of cassation instance shall terminate the proceedings on the cassation complaint (protest) if:

1) where a cassation appeal (protest) has been filed against a judicial act that has been reviewed in appellate proceedings or, in accordance with this Code, is not subject to cassation appeal (or protest), and it has been accepted for proceedings due to a procedural error;

2) a cassation complaint (protest) was filed against a judicial act that was considered in cassation, and was mistakenly accepted for production;

3) a cassation complaint (protest) is filed by a person who does not have the right to appeal (protest) a judicial act;

4) after the cassation complaint was accepted for production, an application for refusal of the cassation complaint was received from the person who filed the cassation complaint;

5) after the cassation protest was accepted for production, a statement on the withdrawal of the protest was received from the prosecutor who brought the protest or a higher prosecutor;

6) before the adoption of a judicial act on a cassation complaint (protest), the legal entity that is a party to the case is liquidated;

7) before the adoption of a judicial act on a cassation complaint (protest), the citizen who is a party to the case has died, and the disputed legal relationship does not allow legal succession.

A ruling is issued on the termination of proceedings on a cassation complaint (protest), in which issues on the distribution of court costs between the parties can be resolved.

In case of termination of proceedings on a cassation complaint (protest), repeated appeal of the same person on the same grounds to the court with a cassation complaint (protest) is not allowed.