Procedural issues of closing the proceedings in the case due to the absence of the subject of the dispute

This text examines the problem of latent abuse procedural rights by a party to court proceeding. Such is carried out in form violation requirements law regarding procedure for submitting motion close proceedings case due absence subject dispute. As result such situation, are closed without resolving dispute on merits. Filing corresponding during review essentially deprives other participants opportunity apply return preparatory order change lawsuit. The author emphasizes that cases, not only norms violated, but also general legal principles, including good faith, reasonableness and fairness trial, as well legitimate expectations proceedings. current legislation does directly provide possibility correcting this situation - returning session after start substantive consideration claim. However, some extent follows from actual judicial practice. investigation expresses opinion parties an important object protection, therefore process can with requests stage reference proper court. Returning complex clearly regulated legislation, largely depends detailed argumentation party. A participant who wishes preliminary must take measures establish fact opposite In event it impossible abuse, may cases rely they have dispute, demand establishment presence violations and/or reasons raising issue even at matters substance.