LawState and Law

Private complaint

The development of the state largely determines the further improvement of laws and management methods. One of the main tools of the state mechanism is the judicial system. The main indicator of its effectiveness will be the full consideration of cases in court and the correct application of laws. The status of a judge implies certain knowledge and work experience in legal specialties. However, neither knowledge nor experience gives a full guarantee against judicial errors. To protect their civil rights and the possibility of their full implementation, there is a certain order, according to which a complaint is filed for the definition of the court.

A private complaint is filed by the parties involved in the case, both on the part of the plaintiff and the respondent. In addition, it is served by persons who appear in the case.

A private complaint may be submitted within fifteen days from the date of the determination by the court. In the event that the deadline for its submission is missed for good reason, you can file a petition in which the party or person in the case requests to restore this time.

A private complaint about the definition of a district court is considered by a regional or regional court. Just like the appeal, a private complaint is filed through the same court.

In general, those judicial determinations are subject to appeal, on the basis of which the progress of the case is excluded.

A private complaint of a court ruling may be filed separately from an appeal. These are two different types of appeals, although the principles are general.

In addition, it is possible to challenge the court's rulings that were made on security measures in respect of the disputed property. A private complaint may be filed as a definition prohibiting any actions with property before the decision is taken, or on the one according to which these measures are refused.

An important circumstance when a private complaint is filed is the issuance of a decision that refuses to provide evidence. In this case, the protection of their rights by the person who participates in the case.

Serious consequences may occur when a ruling is issued on the basis of which the enforcement proceedings are suspended or terminated . A person who previously applied to a court, say, with a property claim, went through a rather difficult path to obtain a court decision on his application. In one "fine" day he learns that the execution of the penalty is suspended.

In this case, abuse of one's rights by another party may take place. The goal in this case is, at a minimum, obtaining a delay in the execution of the court decision. In case of dissatisfaction by the court of such application, the delay in execution may range from six months to one year.

The desire to create an honest rule of law, the adoption of laws that allow the fullest consideration of any legal dispute, allow not only to protect citizens their rights, but also allow non-obedient persons to abuse such laws.

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