Статья 129 АПК РФ: порядок и последствия отказа от иска до принятия дела к производству

Разбираем нюансы отзыва иска по ст. 129 АПК РФ: сроки, риски и шанс вернуть госпошлину. Инструкция для уверенного решения.

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The user is asking about Article 129 of the Arbitration Procedure Code (APK) of the Russian Federation regarding the withdrawal of a lawsuit.

Key Points from Article 129 APK:

| Aspect | Details |
|———|———|
| Legal basis | Article 129 of the Arbitration Procedure Code (APK RF) |
| Purpose | Withdrawal of a lawsuit before the court accepts it |
| Timing | Must be submitted before the court issues a ruling on accepting the case |

When the court withdraws the lawsuit:

If the plaintiff submits a withdrawal request ⏤ before the court accepts the case
If the court rejects the request for:
─ Deferral of state duty payment
⏤ Installment plan for state duty
⏤ Reduction of state duty amount

Important nuance:

⚠️ Critical timing issue:
— If the withdrawal is submitted BEFORE the court accepts the case → court withdraws it
— If the withdrawal is submitted AFTER the court accepts the case → court does NOT withdraw it

Consequences:

| Action | Result |
|———|———|
| Withdrawal before acceptance | Court withdraws the lawsuit |
| Withdrawal after acceptance | Court does NOT withdraw |
| Court rejects deferral request | Court withdraws the lawsuit |

Article 129, Part 6:

The plaintiff can re-apply to the arbitration court on the same subject and grounds after withdrawal.

—

To: [Name of the Arbitration Court]
From: [Full Name of the Plaintiff]
Address: [Contact Information]

Subject: Withdrawal of the lawsuit

[Date of submission]

I, [Full Name], as the plaintiff in the case against [Defendant’s Name],
request the withdrawal of the lawsuit [specify the subject of the claim]
before the court accepts it for proceedings.

[Signature]

—

Submit the withdrawal request as early as possible ─ before the court issues a ruling on accepting the case
If the case is already accepted ⏤ you cannot withdraw it, you must proceed with the trial
The defendant cannot prevent the withdrawal ─ it’s the plaintiff’s right

Would you like me to clarify any specific aspect of this procedure?