Article 209. Refusal to Accept an Appeal (Protest) for Proceedings

A judge shall refuse to accept an appeal (protest) for proceedings, if:

1) appeal (protest) is filed by a person who does not have the right to appeal (protest) against the decision;

2) if the appellate complaint (protest) is filed against a court decision that, in accordance with the law, is not subject to appeal in the appellate procedure;

3) an appeal (protest) filed against a judicial act, which was considered on appeal;

4) the time limit for filing an appeal (protest) has been missed and the restoration of which was denied;

5) there is a determination on the termination of proceedings on the appeal (protest) due to the refusal (withdrawal) of the appeal (protest) by the same person.

In the determination on the refusal to accept the appeal (protest) for proceedings, the grounds for refusing to accept the appeal (protest) for proceedings shall be indicated, and the issue of refunding the state fee which was paid when the appeal was filed, shall be resolved.

A copy of the determination on refusal to accept the appeal (protest) shall be sent to the person who filed the appeal (protest), together with the appeal (protest) and attached documents in the manner prescribed by Article 171 of this Code.

A supervisory complaint (protest) may be filed against a ruling refusing to accept an appellate complaint (protest) for proceedings.

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