Article 214. Termination of Proceedings on an Appeal (Protest)

A court of appeal shall terminate proceedings on an appeal (protest) if:

1) if an appellate complaint (protest) was filed against a judicial act that, in accordance with this Code, is not subject to appeal in the appellate procedure, and was mistakenly accepted for proceedings;

2) an appeal (protest) filed against a judicial act, which was considered on appeal before, and was mistakenly accepted by the court of appeal for proceedings;

3) an appeal is filed by a person who does not have the right to appeal against a judicial act;

4) after the acceptance of the appeal for proceedings, an application for refusal of the appeal was received from the person who filed the appeal, and the refusal was accepted by the court of appeal;

5) after the acceptance of the appeal for proceedings, a statement to withdraw the protest was received from the prosecutor who brought the protest or from a higher prosecutor;

6) the legal entity that was a party to the case had been liquidated before the adoption of the judicial act on the appeal (protest);

7) the citizen who was a party to the case had died before the adoption of the judicial act on the appeal (protest), and the disputed legal relationship does not allow legal succession.

If the appeal (protest) contains new claims that were not the subject of consideration in the court of first instance that adopted the appealed (contested) decision, the court of the appellate instance shall terminate the proceedings on the appeal (protest) regarding these claims.

The court shall issue a determination on the termination of proceedings on an appeal (protest), copies of which shall be sent to the persons participating in the case, in the manner prescribed by Article 171 of this Code.

A ruling to terminate proceedings on an appellate complaint (protest) may be appealed (protested) in the supervisory procedure.

In case of termination of proceedings on an appeal (protest), repeated appeal of the same person on the same grounds to the court with an appeal (protest) shall not be allowed.