Article 269. Return of the complaint for appeal (protest)

The complaint for appeal (protest) shall be returned by the judge if:

1) complaint for appeal (protest) has not been signed of signed by a person who does not have the right to sign it or by a person whose official position or surname and initials have not been indicated;

11) the form and content of the appeal (protest) do not meet the requirements set forth in Article 263 of this Code or the documents provided for in paragraph 3 of Article 265 of this Code or a copy of the party's appeal are not attached to the protest;

2) complaint for appeal (protest) has not been accompanied by evidence of sending its copies to the persons participating in the case;

3) complaint for appeal (protest) has not been accompanied by documents confirming payment of the state duty and postage in the prescribed order and amount, and, in cases where the legislation provides for deferral and installment plan for payment of state duty, there is no petition for it or the petition has been rejected;

4) complaint for appeal (protest) has been sent bypassing the economic court that made the judgment;

5) complaint for appeal (protest) has been submitted after expiration of the established time limit and there is no petition on its restoration;

6) before the ruling on the acceptance of the complaint for appeal (protest) to proceedings has been adopted, the person who submitted the complaint has submitted a statement on its return (withdrawal).

A ruling on the return of the complaint of appeal (protest) shall indicate the grounds for the return of the complaint for appeal (protest), 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 return of 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 accordance with the procedure established by article 197 of this Code.

A cassation complaint (protest) may be submitted against the ruling on the return of the complaint for appeal (protest).

In the event of cancellation of the ruling of the court on return of the complaint for appeal (protest), the complaint for appeal (protest) is deemed to be submitted on the day of the initial recourse to the court.