Article 296. Termination of proceedings on the cassation appeal (protest)

The court of cassation instance shall terminate the proceedings on the cassation appeal (protest) if:

1) a cassation appeal (protest) has been filed against a court document that has not been considered in the appellate procedure or not appealed in the cassation procedure in accordance with this Code, and it was accepted by the court of cassation in error;

2) cassation appeal (protest) has been submitted on the judicial act which was considered in cassation order and was wrongly accepted by the court of cassation instance to proceedings;

3) cassation appeal (protest) has been submitted by a person who is not entitled to appeal (protest) against the judicial act;

4) after the acceptance of the cassation appeal in the proceedings, the applicant received an application to withdraw the appeal;

5) after the acceptance of the cassation protest to proceedings, a statement on withdrawal of the protest has been received from the prosecutor who had submitted the protest or from higher-level prosecutor;

6) prior to the adoption of the judicial act on the cassation appeal (protest), a legal person who is the party in the case has been liquidated;

7) prior to the adoption of the judicial act on the cassation appeal (protest), a citizen who is the party in the case has died, and the legal relationship in dispute does not allow legal succession.

If the cassation appeal (protest) states new demands which have not been the subject of the consideration at the court of first instance that adopted the appealed (protested) judgment, the court of cassation instance shall terminate the proceedings on the cassation appeal (protest) in the part as related to these demands.

A ruling shall be issued on termination of proceedings on the cassation appeal (protest), in which the issues of distribution of the court expenses among the parties may be resolved.

In the event of termination of the proceedings on the cassation appeal (protest), no repeated submission of the cassation appeal (protest) to the court by the same person on the same grounds is allowed.