Article 234. Return of a Cassation Appeal (Protest)

A cassation appeal (protest) shall be returned by the judge in the following cases, if:

1) the cassation appeal (protest) is unsigned, or signed by a person not authorized to sign it, or by a person whose official position or initials of the name and surname are not indicated;

2) the cassation appeal (protest) does not comply with the form and content requirements set forth in Article 228 of this Code, or the documents stipulated in the third part of Article 230 of this Code are not attached to the cassation appeal (protest);

3) there is no evidence attached to the cassation appeal (protest) confirming that its copies were sent to the participants of the case;

4) the cassation appeal is not accompanied by documents confirming the payment of state duty and postal expenses in the established manner and amount, or, in cases where the law allows for deferred or installment payment of the state duty, a relevant application is not submitted or has been denied;

5) the cassation appeal (protest) was submitted after the prescribed deadline and there is no application to reinstate the missed deadline;

6) an application for withdrawal (retraction) of the cassation appeal (protest) was submitted by the person who filed the appeal before the court issued a ruling accepting the cassation appeal (protest) for proceedings;

7) the appeal (protest) was sent bypassing the court that adopted the decision.

The ruling on returning the cassation appeal (protest) shall state the reasons for the return and address the issue of refunding the state duty paid at the time of filing the cassation appeal.

A copy of the ruling on returning the cassation appeal (protest) shall be sent to the person who filed the appeal (protest) along with the appeal (protest) and the attached documents.

A supervisory appeal (protest) may be filed against the ruling on returning the cassation appeal (protest).

If the ruling on returning the cassation appeal (protest) is annulled, the cassation appeal (protest) shall be considered submitted on the date it was initially filed with the court.

The person who filed the appeal (protest) shall have the right to re-submit the cassation appeal (protest) to the court in the general procedure once the circumstances specified in the first part of this Article are eliminated.