Article 268. Refusal to accept the complaint for appeal (protest) to proceedings

The judge shall refuse to accept the complaint for appeal (protest) to proceedings if:

1) the complaint for appeal (protest) has been submitted by the person who does not have the right to appeal (protest) the judgment;

2) the complaint for appeal (protest) has been submitted against the judicial act, which, according to the legislation, may not be appealed (protested) under appellate procedure;

3) the complaint for appeal (protest) has been submitted against the judicial act, which has been considered under appellate procedure;

4) the time limit for submission of the complaint for appeal (protest) had been missed, the restoration of which was refused;

5) there is a ruling on the termination of proceedings on the complaint for appeal (protest) due to the abandonment (withdrawal) of the complaint for (protest) by the same person.

The ruling on the refusal to accept the complaint for appeal (protest) to proceedings shall indicate the grounds for refusing to accept the complaint for appeal (protest) to proceedings, and shall resolve the issue of refunding the state duty paid at the submission of the complaint for appeal.

A copy of the ruling on the refusal to accept the complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest), together with the complaint (protest) and the enclosed documents in the order established by article 197 of this Code.

A cassation complaint (protest) may be submitted against a ruling on refusal to accept the complaint for appeal (protest).

In case of cancellation of the ruling on the refusal to accept the complaint for appeal (protest) to proceedings, the complaint for appeal (protest) shall be deemed to be submitted on the day of the initial appeal to the court.