Article 238. Termination of Proceedings on a Cassation Appeal (Protest)

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

1) if the cassation appeal (protest) has been submitted against a court decision that, in accordance with this Code, is not subject to appeal (protest) in cassation procedure, and it was mistakenly accepted for proceedings;

2) a cassation appeal (protest) has been filed on a judicial act that was considered on cassation instance and was mistakenly accepted for proceedings by the court of cassation;

3) a cassation appeal (protest) is filed by a person who does not have the right to appeal (protest) the judicial act;

4) after the acceptance of the cassation 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 the cassation instance;

5) after the acceptance of the cassation appeal for proceedings, an application has been received to withdraw the protest from the prosecutor who brought the protest, or a higher prosecutor;

6) a legal entity that is a party to the case, has been liquidated before the adoption of the judicial act on the cassation appeal (protest);

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

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

A ruling on the termination of proceedings regarding the cassation appeal (protest) shall be issued, and a copy of this ruling shall be sent to the persons participating in the case in the manner prescribed by Article 171 of this Code.

A supervisory appeal (protest) may be filed against the ruling on the termination of proceedings regarding the cassation appeal (protest).

In the event of termination of the cassation appeal (protest), repeated appeal of the same person on the same grounds to the court with a cassation appeal (protest) shall not be allowed.