Article 41911. Refusal to accept a supervisory complaint (protest) for proceedings
Civil procedure code of the Republic of Uzbekistan · Date: 22.01.2018 · In force
The judge of the supervisory instance court shall refuse to accept a supervisory complaint (protest) for proceedings in the following cases if:
1) the complaint (protest) is filed by a person not entitled to appeal (bring a protest) against the judicial document;
2) the complaint (protest) is filed against a judicial document that, under the law, is not subject to appeal (protest) in supervisory procedure;
3) the complaint (protest) is submitted to the Supreme Court of the Republic of Karakalpakstan, regional courts, or the Tashkent City Court, or the Military Court of the Republic of Uzbekistan against a judicial document that has not been reviewed in appellate or cassation procedure;
4) the complaint (protest) is submitted to the Civil Panel of the Supreme Court of the Republic of Uzbekistan against a judicial document not reviewed in supervisory procedure by the Supreme Court of the Republic of Karakalpakstan, regional courts, the Tashkent City Court, or the Military Court of the Republic of Uzbekistan;
5) the complaint (protest) is filed against a judicial document that has already been reviewed in supervisory procedure by the same court reviewing the case;
6) the time limit for filing the complaint (protest) has expired and the restoration of the missed time limit has been denied;
7) a ruling is already issued to terminate proceedings on the complaint (protest) due to the complainantʼs withdrawal of the complaint or the prosecutorʼs withdrawal of the protest, except for complaints (protests) submitted to the Civil Panel of the Supreme Court of the Republic of Uzbekistan against rulings of the Supreme Court of the Republic of Karakalpakstan, regional courts, the Tashkent City Court, or the Military Court of the Republic of Uzbekistan on termination of supervisory complaint (protest) proceedings due to withdrawal.
The ruling on refusal to accept the supervisory complaint (protest) for proceedings shall specify the grounds for refusal and address the issue of refunding the state duty paid when filing the complaint.
If the ruling on refusal to accept the supervisory complaint (protest) is set aside, the complaint (protest) shall be deemed to have been submitted on the date it was initially filed with the court.
