On Appeal of the Ruling for Suspension of a Statement of Claim in a Civil Procedure

Abstract

The article is devoted to a critical analysis of the amendment, which excluded the right to file a private complaint against a court ruling to leave the statement of claim without progress in civil proceedings. The inconsistency of possible arguments in favor of this amendment is revealed. The substitute procedure for challenging this definition by appealing against the decision on the return of the statement of claim is analyzed, and its inadequacy to the problem being solved is revealed. Based on this, the author comes to the conclusion that it is necessary to return to the previous appellate procedure for appealing directly to the ruling on leaving the statement of claim without movement.