The development of the state in many respects 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 a full review of cases in court and the correct application of laws. The status of a judge implies certain knowledge and experience in legal professions. However, neither knowledge nor experience gives a full guarantee against judicial errors. To protect their civil rights and the possibility of their full realization, there is a certain procedure according to which a complaint is submitted to a court ruling.
A private complaint is filed by the parties that participate in the case both on the part of the plaintiff and on the part of the defendant. In addition, it is served by persons who appear in the case.
A private complaint may be filed within fifteen days from the date of the court ruling. If the deadline for submitting it is missed for a good reason, you can file a petition in which the party or person in the case asks to restore this time.
A private complaint against a ruling of a district court is examined by a regional or regional court. As well as the appeal, a private complaint is submitted through the same court.
Basically, those court rulings are subject to appeal, on the basis of which the progress of the case is excluded.
A private complaint against a court ruling may be filed separately from the appeal. These are two different types of appeals, although the principles are common.
In addition, it is possible to challenge the court rulings that were issued on interim measures in relation to the disputed property. A private complaint can be filed both against a determination prohibiting any action with property before a decision is made, and against the fact that these measures are denied.
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 is carried out by the person who is involved in the case.
Serious consequences can occur when a determination is made on the basis of which enforcement proceedings are suspended or terminated . A person who previously went to court, for example, with a property lawsuit, went a rather difficult way to obtain a court decision on his application. One “fine” day, he learns that execution is suspended.
In this case, there may be an abuse of their rights by the other party. The goal in this case is at least to obtain a postponement of the enforcement of the court decision. If the court does not satisfy such a statement, the delay in execution may be from six months to a year.
The desire to create an honest rule of law, the adoption of laws that allow the most complete consideration of any legal dispute, not only protect citizens their rights, but also allow unlawful persons to abuse such laws.