Pravo (Dec 2010)
THE REASONS FOR MAKING A COMPLAINT IN A LEGAL PROCEEDINGS
Abstract
A complaint against a judgment in a legal proceedings represents one of the most important forms of protecting civil rights and freedom being guaranteed by the Constitution. This is a part of basic achievements and values of the development of civilization and human society lasting for more than two thousand years. In the legal proceedings law of republic of Serbia there are stated certain reasons against which the first-degree judgment can be denied. Having in mind that a complaint has a suspensive effect on a given first-degree judgment, a legislator has anticipated a wide spectrum of reasons because of which such a judgment can be denied. All these reasons are classed into three groups and they are related to the violation of a legal proceedings regulations, the established facts and the application of the material law. Through so far court practice there have been established and crystallized out the most important criteria and dilemmas being connected with the application of this institute of the Procedural law in our country.
