Abstract

The article presents the issue of formal requirements for a complaint against a decision of a court referendary and the consequences of their non-fulfillment. The author makes an attempt to answer a question whether the failure to remove formal defects of that appeal measure results in its being rejected, or rather a defective complaint should be ordered by the presiding judge to be returned. Having excluded the possibility of using an analogy, in conclusion he expresses a view that owing to the lack of specific normative regulations, should formal defects of a complaint be not removed the provision of Art. 130 of the Code of Civil Procedure should apply.