Article 41920. Termination of proceedings on a supervisory complaint (protest)
Civil procedure code of the Republic of Uzbekistan · Date: 22.01.2018 · In force
The supervisory instance court shall terminate proceedings on a supervisory complaint (protest) in the following cases:
1) if the complaint (protest) was submitted by a person not entitled to appeal (file a protest) against the judicial document and was mistakenly accepted for proceedings;
2) if the complaint (protest) was submitted to the courts of the Republic of Karakalpakstan, regions, and Tashkent city or to the Military Court of the Republic of Uzbekistan against a judicial document not reviewed in appellate or cassation instance, or to the Civil Panel of the Supreme Court of the Republic of Uzbekistan against a judicial document not reviewed in supervisory procedure by these courts, or if the document is not subject to supervisory appeal (protest) under this Code, and it was mistakenly accepted for proceedings;
3) if the complaint (protest) was filed against a judicial document that had already been reviewed in supervisory procedure by the same court and was mistakenly accepted for proceedings;
4) if, after the complaint has been accepted for proceedings, a written statement of withdrawal is received from the complainant;
5) if, after the protest has been accepted for proceedings, a statement on withdrawal of the protest is received from the prosecutor who filed it or from a higher-ranking prosecutor;
6) if the legal entity involved as a party to the case was dissolved before a ruling is issued on the supervisory complaint (protest);
7) if the natural person involved as a party to the case died before a ruling is issued on the supervisory complaint (protest) and the disputed legal relationship is not subject to succession.
A ruling shall be issued on the termination of proceedings on a supervisory complaint (protest), which shall resolve the issue of allocation of court costs between the parties.
If proceedings on a supervisory complaint (protest) are terminated, the same person may not re-submit the same complaint (protest) on the same grounds to the court in supervisory procedure.
