Annotation

This article examines a number of theoretical and practical problems of appealing rulings of the court of first instance through the prism of the provisions reflected in the Ruling of the Judicial Board of the Supreme Court of the Russian Federation in case № 5-KG25-75-K2. Special attention is paid to the controversial issue of appealing the ruling on leaving the statement of claim without motion. The author draws attention to the inconsistency of both scientific views and law enforcement practice on the issue of having a definition of leaving a statement of claim without motion with properties of a suppressive nature. In conclusion, the question is raised about the effectiveness of a particular procedural and legal mechanism for correcting a judicial error contained in the ruling on leaving a statement of claim without motion.