Special Opinion

Special Opinion

 

in Soviet law, the opinion of a judge who does not agree with a court decision reached by a majority of votes in a criminal or civil case. The special opinion is given in writing in the conference room. The right to a special opinion is an important legal guarantee of the independence of judges in resolving a case. The special opinion is attached to the file of the case, but it is not publicly announced in the courtroom, thereby ensuring the secrecy of the judges’ conference.

The codes of criminal procedure of most of the Union republics state that a case in which a special opinion has been given (if the case was not being considered by way of cassation) is to be sent to the chairman of a higher court (after the decision has taken legal effect) to resolve the question of lodging a protest by way of supervision.

References in periodicals archive ?
President of Bazme Ahbab e Qalm, Ali Asghar Sammer, gave his special opinion on comedy collections.
"Not only this, the Modi government also sought a special opinion from its Attorney General in July, 2014 and permitted AgustaWestland/Finmeccanica to be part of Make in India and bid for 100 Naval Utility Helicopters, besides clearing its investment proposals through FIPB for manufacture of AW119 helicopters in partnership with Tata," said Surjewala.
"Not only this, Modi government sought a special opinion from its Attorney General in July 2014 and permitted Agusta Westland/Finmeccanica to be part of make-in-India and bid for 100 Naval utility helicopters besides clearing its investment proposals through Foreign Investment Promotion Board (FIPB) for the manufacture of AW119 helicopters in partnership with Tata.
"I expressed my special opinion. I believe that the tender was held illegally, since 2.5 billion for the entire project were not laid in the State Committee for Information Technologies and Communications.
Tajikistan and Kyrgyzstan have a similar position on the solution of global and regional problems and hold a special opinion on the issue of ensuring international and regional security and stability.
Safi said that "there are people, who allow foreign interferences to govern Iraq's trends," adding that "the current crisis in the country is heading towards the unknown, because there are foreign papers that overrun the internal papers, as it is not logical that we head towards foreign circles, allow them and ask them their special opinion for a solution, whilst we don't possess a solution for our own problems." "The solution must be Iraqi and the decision must be in the hands of Iraqi politicians, and the Iraqi politician must have a national feeling that won't lean under a foreign solution," he said.
MP Kurmantai Abdiev (Ata Jurt) has his special opinion. He agreed only with 7 points of the resolution.
Editor's Note: A special opinion piece from the Insurance Institute for Business & Home Safety.
"Women have sought to be candidates in the past and the Guardians Council has no special opinion. There are no restrictions and no law on the nomination and assessment of women candidates," Abbas-Ali Kadkhodaye said.
All data regarding playback is archived in the MySQL database on Linux servers, including all usage, views, demographics, locations, etc., The system can be licensed for special opinion gathering applications.
"Iraq's position had not been out of the total pan-Arab decision, as every state has its own opinion, and we in new Iraq had our special opinion, that was sound in the current circumstances," Zibary said.
In particular, applications are submitted to the Constitutional Court, special opinions are presented with regard to application in the Constitutional Court related to business, draft laws are prepared, etc.

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