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Commentary on the Civil Procedure Code of the Russian Federation (continuation)
O.A. Ruzakova,
Doctor of Legal Sciences, Professor at the Financial University
under the Government of the Russian Federation, Deputy Chief of Staff
of the Committee of the State Duma of the Federal Assembly of the
Russian Federation on Civil, Criminal, Commercial («Arbitrazh»)
and Procedural Legislation
This section of the commentary is dedicated to suspension and termination of proceedings and leaving the application without consideration. Suspension of proceedings is a temporary suspension of procedural actions on the case for circumstances preventing the further movement of the case, which are beyond the control of the court and persons participating in the case. In contrast to deposition of proceedings the court terminates the commission of procedural acts for the period of suspension of proceedings and does not specify the period for which proceedings is suspended. At termination of proceedings, the plaintiff is deprived of the right for repeated appeal to the court against the same defendant about the same subject and on the same grounds. Proceedings may be discontinued not only completely, but in parts. Unlike termination of proceedings at abandonment of the claim without consideration the applicant is not deprived of the right to address to the court with the identity claim without elimination of circumstances hindering the hearing of the case.
Information about the author:
Ruzakova O.A. (Moscow) – Doctor of Legal Sciences, Professor at the Financial University under the Government of the Russian Federation, Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (Moscow, Okhotniy Ryad st., 1; e-mail: [email protected]).
O.A. Ruzakova