Wytknięcie uchybienia sądowi niższej instancji

Mateusz Radajewski

Abstract

The article concerns the grievance of an infringement to a lower-instance court issue pursuant to Art. 40 of the Law on the System of Common Courts as well as Art. 97 of the new Act on the Supreme Court. The following has been analysed: the legal nature of the grievance and its function, the issue of subjects which may apply and obtain it, evidence of the grievance of an infringement and its effects, as well as procedural issues related to that. The Author discerns that the grievance has, to some extent, the disciplinary nature, from which the necessity for provision of appeal against the decision of the court in this subject is derived. The Author formulates also conclusions concerning individual elements of statutory rules related to this issue.