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 ?
The inspector tried to protest, but Richard closed his mouth with an angry order to hold his tongue.
and when the maid protests, more sharply than before, "You had a deal better go to bed, Miss Dedlock
Other parents came to the school to protest in person.
Milvain, whose words had run themselves together, and whose voice had raised its tone almost to one of protest, here ceased, and looked intently at Katharine, as if to judge the effect of her communication.
The growing indignation was voiced from time to time in published protests, of which the last, in 1698, was the over-zealous but powerful 'Short View of the Immorality and Profaneness of the English Stage' by Jeremy Collier, which carried the more weight because the author was not a Puritan but a High-Church bishop and partisan of the Stuarts.
And I thought with some sadness that all these revolts and indignations, all these protests, revulsions of feeling, pangs of suffering and of rage, expressed but the uneasiness of sensual beings trying for their share in the joys of form, colour, sensations--the only riches of our world of senses.
Upon this they forgot Kurtz, and began to howl at me with indignant protests.
Miss Howard was swallowed up in an eager chorus of protests and good-byes.
The court-room became immediately filled with loud and indignant protests.
Mingled with the "Good-nights," were half-hearted protests from Mrs.
But though virtue is a much finer thing, and those hapless creatures who suffer under the misfortune of good looks ought to be continually put in mind of the fate which awaits them; and though, very likely, the heroic female character which ladies admire is a more glorious and beautiful object than the kind, fresh, smiling, artless, tender little domestic goddess, whom men are inclined to worship--yet the latter and inferior sort of women must have this consolation--that the men do admire them after all; and that, in spite of all our kind friends' warnings and protests, we go on in our desperate error and folly, and shall to the end of the chapter.
He was thinking of that afternoon and how it had af- fected his whole life when a spirit of protest awoke in him.