Refusal to accept and return applications for a court order
Article 138 of the CPC regulates the issues of refusal to accept and return applications for a court order.
As the study of judicial acts has shown, the main reasons for the courts to return applications for a court order in this category of cases are:
1) the existence of a dispute about the law (clause 4, part 1, Article 138 of the CPC);
2) failure to submit documents confirming the stated claim (subclause 3 of Part 1st138 of the CPC);
3) the form and content of the application do not comply with the requirements of art.136 of the CPC (subclause 5 of Part 1 of art.138 of the CPC);
4) the stated requirement is not provided for in art.135 of the CPC (subclause 1 of Part 1 of art.138 of the CPC).
According to Part 1 of Article 138 of the CPC, the judge refuses to accept or returns the application for a court order on the grounds provided for in Articles 151, 152 of the CPC. In addition, the judge returns the application in the cases provided for in paragraphs 1-6) of Part 1 of art.138 of the CPC.
However, there are cases of incorrect application of this provision of the law, when judges, instead of returning the application, refuse to accept it, which deprives the right to reapply and, consequently, the right to judicial protection.
For example, by a ruling of the Atyrau City Court dated October 17, 2016, the court refused to accept V.V.R.'s application for a court order to collect pension payments and social payments from P.L.K. LLP. Meanwhile, by virtue of paragraphs 1 and 4 of Part 1 of Article 138 of the CPC, since there is a dispute about the judge returns the application in cases where: the stated claim is not provided for in Article 135 of the CPC.
Therefore, in this case, the judge should have returned the application.
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