protest

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protest

a statement made by the master of a vessel attesting to the circumstances in which his vessel was damaged or imperilled

Protest

 

an objection. In Soviet law the protest is one of the ways in which observance of the laws is supervised.

A protest by way of general supervision may be lodged by a procurator against any illegal enactment issued by ministries and departments, their subordinate establishments and enterprises, or executive and administrative agencies of local soviets of working people’s deputies. The protest is sent to the agency that issued the enactment or to a higher agency. It must be considered within ten days, and the procurator must be informed of the decision reached. A protest by way of general supervision usually does not stop the implementation of the protested enactments.

A cassation protest is made by a procurator to a higher court against a judgment of guilty (or decision) rendered by a trial court before the judgment has taken effect, on the grounds that the judgment is unsubstantiated or illegal. Such a protest prevents the implementation of the judgment (decision). Cassation protests may be lodged against the judgments and decisions of all courts with the exception of the Supreme Court of the USSR and the supreme courts of the Union republics.

A particular (chastnyi) protest is lodged against rulings by a trial court or against the orders of a judge pertaining to incidental (particular) questions in a criminal or civil case.

A protest by way of judicial supervision is lodged by a procurator or judge with a court having supervisory jurisdiction so that the court may review, by way of judicial supervision, judgments, rulings, or orders that have already gone into effect. Because this kind of protest is intended to correct judicial errors, it has no time limit, except where a review is requested because the sentence is too light or because the law for a graver crime should be applied to the convicted person. A protest against a judgment of acquittal or against a court order or ruling to dismiss a case is permitted only within one year after these enactments have taken legal effect. The protest does not stop the implementation of the court judgment, decision, or ruling being protested until the case has been decided by way of judicial supervision, unless the person lodging the protest orders a stay of execution.

Under the law the right of protest by way of judicial supervision is granted to the procurator general of the USSR and the chairman of the Supreme Court of the USSR (or their deputies), to the procurators and chairmen of the supreme courts of the Union republics (or their deputies), to the procurators and chairmen of courts of the ASSR’s, krais, oblasts, and national okrugs, to the chief military procurator and the chairman of the Military Collegium of the Supreme Court of the USSR, and to military procurators and chairmen of the military tribunals of the various branches of the armed forces, military districts, fleets, and army groups.

References in classic literature ?
He was perfectly astonished with the historical account gave him of our affairs during the last century; protesting "it was only a heap of conspiracies, rebellions, murders, massacres, revolutions, banishments, the very worst effects that avarice, faction, hypocrisy, perfidiousness, cruelty, rage, madness, hatred, envy, lust, malice, and ambition, could produce.
Even when the Grandmother had lost her all, and was returning (about eight o'clock) to the hotel, some three or four Poles could not bring themselves to leave her, but went on running beside her chair and volubly protesting that the Grandmother had cheated them, and that she ought to be made to surrender what was not her own.
I should injure myself by protesting too much, for I should seem to set up a claim for wisdom which, in the sequel of our acquaintance, I could by no means justify.
Kim burst into a flood of tears, protesting that the lama was his father and his mother, that he was the prop of the lama's declining years, and that the lama would die without his care.
Anne thought she left great happiness behind her when they quitted the house; and Louisa, by whom she found herself walking, burst forth into raptures of admiration and delight on the character of the navy; their friendliness, their brotherliness, their openness, their uprightness; protesting that she was convinced of sailors having more worth and warmth than any other set of men in England; that they only knew how to live, and they only deserved to be respected and loved.
But neither of them otherwise expressed it, and her apparent understanding, with no protesting shock, no easy derision, touched him more deeply than anything yet, constituting for his stifled perversity, on the spot, an element that was like breatheable air.
To have met it with anger would have been of as little avail as the stamp of a protesting foot before the tremors of an earthquake.
He was removed, loudly protesting, to the police-station, while the inspector remained upon the premises in the hope that the ebbing tide might afford some fresh clue.
Paganism is infectious--more infectious than diphtheria or piety --and the Rector's niece was taken to church protesting.
So with a protesting murmur, meant to imply that any waste of time complained of hereafter must not be laid to your charge, you follow "mother" upstairs.
van der Luyden beamed on her with the smile of Esther interceding with Ahasuerus; but her husband raised a protesting hand.
The very solicitors' boys who have kept the wretched suitors at bay, by protesting time out of mind that Mr.