Court Commission

Court Commission

 

(Russian, sudebnoe poruchenie), in Soviet law, a commission issued by one court, during the consideration of a case, to another court to carry out certain procedural actions in order to gather evidence in another city or raion.

The court commission is drawn up by a ruling of the court. It gives a short summary of the substance of the case, indicates the circumstances that are to be clarified, lists the evidence to be gathered, and furnishes specific information about the people to be questioned. The ruling must be carried out within ten days—according, for example, to Article 51 of the Code of Civil Procedure of the RSFSR. The commission is executed in a session of the court in a manner provided for by the code of civil procedure of the appropriate Union republic. The record of proceedings and all materials gathered are immediately sent to the court that is considering the case.

Soviet courts execute properly transmitted commissions from foreign courts with respect to the taking of certain procedural actions within the USSR—for example, the service of a summons or some other document, the questioning of witnesses and the parties to a case, examination by experts, and on-the-spot viewing. They do so in conformity to the rules set forth in Soviet legislation. Soviet courts may make such requests of foreign courts.

Relations between Soviet and foreign courts are governed by the legislation of the USSR and the Union republics and by international agreements, notably the Hague Convention of 1954 on civil proceedings, an agreement to which the USSR adhered in 1966. The commissions of foreign courts are transmitted to Soviet institutions by the Ministry of Foreign Affairs of the USSR in accord with diplomatic procedures. The USSR has concluded bilateral agreements on court commissions with the USA (1935), France (1936), and Austria (1972). Treaties on legal assistance also provide for the execution of court commissions.

References in periodicals archive ?
A court commission earlier told the SC bench, comprising Justices Manzoor Ahmad Malik and Ijazul Ahsan, at the Lahore registry that alarming quantities of untreated waste water produced by the provincial capital was being disposed off in the River Ravi.
On June 12, 2011 the Supreme Court Commission released its findings and found that after testimony by all the parties and verifying the forensic results of Ijaz 's blackberry conversations with Haqqani was incontrovertibly established that he had written the memo and was being called back to Pakistan to face likely charges of treason.
An alarming figure of untreated waste water of the city being disposed of in River Ravi was quoted by a court commission before a three-judge bench constituted by Chief Justice of Pakistan (CJP) Saqib Nisar to summon Shahbaz.
On June 2012 the Supreme Court commission released its findings and found that after testimony by all parties and verifying the forensic results of Mansoor Ijaz's BlackBerry conversations with Haqqani it was "incontrovertibly established" that Husain Haqqani had written the memo and was being called back to Pakistan to face likely charges of treason.
Kahler also is the Co-Chair of the Case Processing Committee for Juvenile Detention Alternatives Initiative (JDAI) and serves on the Courts Case Progression Standards Subcommittee for the Nebraska Supreme Court Commission on Children.
The independent Davis then resigned his Supreme Court commission and Republicans selected one of their own to fill the seat, helping to pave the way for the 1877 Compromise.
DCBA Board Member Bradley Trushin, who was recently appointed to the Florida Supreme Court Commission on Professionalism, produced the seminar because he said many Florida lawyers are not aware that the Florida Supreme Court has established mandatory professionalism rules and a mechanism for ensuring compliance.
The mission of the Standing Committee on Professionalism is to assist the Florida Supreme Court Commission on Professionalism, The Florida Bar, and The Florida Bar's Henry Latimer Center for Professionalism in implementing programs, events, and activities to promote professionalism throughout the state.
The Minister said Imran Khan and some of his associates who were demanding formation of a Supreme Court Commission, are now running away.
He said that a Supreme Court commission should be formed and all those who were accused by NAB should personally appear before the commission.
She also is a member of the Illinois Supreme Court Commission on Access to Justice Corporate Counsel Advisory Committee.
This was revealed by Supreme Court Commission formed on the petition of a citizen, Syed Haroon, whose brother, an employee of Dadex Eternet died of cancer allegedly due to asbestos poisoning.