Article 292. Return of a cassation appeal (protest)
Economic procedure code of the Republic of Uzbekistan · Date: 24.01.2018 · In force
A cassation appeal (protest) shall be returned by a judge of the Supreme Court of the Republic of Uzbekistan in the following cases:
1) cassation appeal (protest) has not been signed or signed by a person who does not have the right to sign it or by a person whose official position or surname and initials are not indicated;
2) the requirements set forth in Article 286 of this Code have not been complied with in respect of the form and content of the cassation complaint (protest) or a copy of the parties' appeal has not been attached to the cassation complaint (protest);
3) cassation appeal (protest) has not been accompanied by the evidence of sending its copies to the persons participating in the case;
4) documents confirming the payment of state duty and postage in the prescribed manner and amount are not attached to the cassation appeal, in cases where the law provides for the possibility of deferral of payment of state duty in installments, in the absence of a petition or rejection of the petition;
5) the cassation appeal (protest) was filed after the expiration of the established period and there is no petition to restore the missed term;
6) prior to adoption of the ruling on accepting the cassation appeal (protest) to proceedings, a statement was received from the person who has submitted the appeal (protest) to return (withdraw) it.
The ruling on return of the cassation appeal (protest) shall specify the grounds for returning the cassation appeal (protest) and resolve the issue of refunding the state duty paid at the submission of the cassation appeal.
A copy of the ruling on returning the cassation appeal (protest) shall be sent to the person who has submitted the cassation appeal (protest) together with the appeal (protest) and enclosed documents.
In case of cancellation of the ruling on returning the cassation appeal (protest), the cassation appeal (protest) shall be deemed submitted on the day of the initial recourse to the court.
After elimination of the circumstances specified in part one of this article, the person who has submitted the appeal (protest), is entitled to submit again the cassation appeal (protest) to the court under general procedure.
