Special Ruling

Special Ruling

 

in Soviet procedural law, a special decision rendered by a court as a body on the basis of a complete investigation of the circumstances of a case.

In criminal procedure, if there are grounds for issuing a special ruling, the ruling is rendered at the same time as the verdict. The special ruling may address the possibility of eliminating the causes and conditions that facilitated the commission of a crime, or it may direct the attention of the appropriate officials to violations permitted in the conduct of the inquiry or preliminary investigation or to the incorrect conduct of individual citizens at their place of work, at home, or in public places. The special ruling is sent to the head of the appropriate institution, enterprise, or organization or to some other person, such as the official responsible for the conduct of the inquiry or preliminary investigation. When necessary, a copy of the special ruling may be sent to a comrades’ court.

In civil procedure, a special ruling is rendered by a court if, while hearing a civil case, it discovers a violation of legality or of the rules of socialist life by individual officials or citizens. A special ruling may also be given if the court finds considerable shortcomings in the work of a state institution, enterprise, collective farm, or other cooperative or public organization. If the court discovers indications of a crime in the actions of a party or other person, it reports this fact to the procurator or initiates a criminal case.

The decision of whether or not to make public a special ruling is left to the discretion of the court. The procurator has the right to file a protest against a special ruling. A special ruling involving the initiation of a criminal case may be appealed by persons taking part in the case.

A special ruling may also be rendered by a court considering a case on appeal or supervisory review.

Officials who have received a copy of a special ruling are obligated to inform the court within one month of the appropriate measures that have been taken.

References in periodicals archive ?
John Henshaw, head of OSHA, asserts that inspectors will "use everything in our arsenal" including issuing citations for workplace injuries under a special ruling.