Article 107. Grounds for leaving a statement of claim without consideration

The court shall leave a statement of claim without consideration if:

1) in the proceedings of a civil court, an economic court, an arbitration court, there is a case on a dispute between the same persons, on the same subject and on the same grounds;

2) there is an agreement of the persons participating in the case on the transfer of this dispute to the arbitration and the possibility of applying to the arbitration is not lost and if the respondent objecting to the consideration of the case in the economic court, no later than his first statement on the merits of the dispute will file a petition for the transfer of the dispute to the arbitration;

3) the statement of claim is not signed or signed by the person, who has not been authorized to sign it, or by the person whose official position or surname and initials were not specified;

4) the plaintiff has not approached to a bank or other credit organization for collecting a debt from the respondent, when, according to the legislation or a contract, it must be collected through a bank or other credit organization;

5) the plaintiff has failed to observe the pre-trial (complaint) order of settling the dispute with the respondent, if it has been established by the legislation for the given category of disputes, or by a contract;

51) the plaintiff has failed to observe the order of settling the dispute with the respondent by the mediation procedure, if it has been established by the legislation for the given category of disputes, or by a contract;

52) the parties who have petitioned for mediation, after expiration of its term have failed to appear, without valid excuse, at the judicial session;

53) the parties have concluded a mediation agreement;

6) the plaintiff has failed to appear at the first court session without having stated for consideration of the case without his participation;

7) at consideration of a statement on establishing the facts, which have legal meaning, it has been found out that the dispute about a right has arisen;

8) the plaintiff has refused the claim which was brought in his interests by the public prosecutor, state body or other person;

9) a bankruptcy case has been initiated against the respondent and the claim brought against the respondent, according to law, is subject to consideration under the bankruptcy case.