Article 233. Refusal to Accept a Cassation Appeal (Protest) for Proceedings

The judge shall refuse to accept a cassation appeal (protest) for proceedings in the following cases, if:

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

2) the cassation appeal (protest) is submitted against a court document that, according to the law, cannot be appealed (protested) under cassation procedure;

3) the cassation appeal (protest) is submitted against a court document already considered under cassation procedure;

4) the request to reinstate the missed deadline for filing the cassation appeal (protest) was denied;

5) there exists a ruling on termination of the proceedings on the cassation appeal (protest) due to the withdrawal (retraction) of the appeal (protest) by the person who submitted it.

The ruling refusing to accept a cassation appeal (protest) for proceedings shall indicate the grounds for such refusal and resolve the issue of refunding the state duty paid when submitting the cassation appeal.

A supervisory appeal (protest) may be filed against the ruling on refusal to accept the cassation appeal (protest) for proceedings.

If the ruling on refusal to accept the cassation appeal (protest) for proceedings is annulled, the cassation appeal (protest) shall be considered as filed on the date it was initially submitted to the court.