Procedural Legal Order and Consequences of Termination of Proceedings in The Form of Leaving a Claim Without Consideration in Civil Cases in Courts of General Jurisdiction

Abstract

In law, the end of the proceedings is a stage of the proceedings. According to the civil procedure law, this phase of the proceedings is realized when the court has completed all its procedures and actions and is ready to issue a final verdict. According to this article, after announcing the end of the proceedings, if possible, the court will make a decision in the same session and announce it to the litigants. Otherwise, he will compose and announce the vote within one week at most. As a result, the proceedings end if the issuance of a final decision does not require any other proceedings or actions, but the results of the previous proceedings and proceedings of the court are also specified and available in the file. Procedural legislation provides one of the possibilities to terminate proceedings by leaving a claim/application/complaint (hereinafter referred to as "application") without consideration. Such possibility is foreseen in cases when there are no conditions for resolution of dispute on merits and there are no grounds to stop proceeding on case, as it is not excluded the possibility to continue proceeding on dispute. Grounds for leaving an application without consideration are stipulated in article 222 of the Code of Civil Procedure of the Russian Federation (hereinafter - CPC) [1]. The article considers the form of completing proceedings without resolving it on the merits, i.e., without making a court decision, by leaving a statement without consideration. The order, grounds, consequences of the termination of court proceedings by leaving the application without consideration are studied. Procedural-legal and substantive-legal consequences of leaving the application without consideration were considered. The problems of legal regulation and law enforcement practice have been revealed.