Many ordinary citizens do not know how a court order differs from a court decision. They do not consider it necessary to study legislation. It is necessary to understand the points on which judicial orders and decisions of the judicial authorities are distinguished in order to know in which situations which document is issued.
Differences in concepts
When considering the issue of how a court order differs from a court decision, it is necessary to study the definitions of both concepts. A judge’s decision may be issued by any body administering justice.
This document is an act of law enforcement type, which records the end of the proceedings, which was initiated in order to compensate for the violated rights of individuals or legal entities.
A court order is issued by a justice of the peace. The purpose of issuing the document is to satisfy the requirements of the property and material applicants. A court order involves the return or forced enforcement of financial-type valuables and movables held by the debtor.
Consider the difference between a court order and a court decision, with specific examples. Orders may be issued in connection with disputes regarding claims for alimony, non-payment or delay in salaries, debt obligations (notarized), written transactions of any type, collection of unpaid taxes by individuals, withholding of expenses spent on the search for debtors at the request of employees of internal affairs bodies . The purpose of the court decision is to prevent malicious violation of freedoms and rights, to strengthen measures of order and legality in society.
There are common features between these two concepts, especially in the orientation and options for the execution of the decision and the court order. Both documents are issued for resolving disputes and enforcing the outcome of the case by force.
The court decision made at the first stage of the proceedings unilaterally shall enter into force within one month from the date of manufacture of the motivation part in the final form. In the same period, the document can be appealed. The court is not entitled to cancel its own decision.
The order is made by the justice of the peace within a five-day period from the date of receipt of the statement of claim. Parties to the process are not called. If, within a ten-day period from the moment of issuing the order, the defendant declares its revision or cancellation, even if this objection is not based on anything, the document becomes invalid. In this case, the dispute may be initiated first in the relevant district court. Thus, unlike a court decision, the annulment of a court order is possible.
Order elements and decisions
The next thing that distinguishes a court order from a court decision is the content.
According to the norms of Russian legislation, the decision contains four parts:
- introductory - a detailed description of the place of decision-making, information about the judge, information about the parties to the case;
- descriptive - disclosure of all the basic requirements of the plaintiff, moments of disagreement of the defendant and information about the interview of witnesses in the case;
- motivational - the transfer of the evidence presented by the parties according to the documents from the case, an explanation of the judge’s decision, an indication of the regulatory legal acts regulating this issue;
- resolutive - the wording of claims, their analysis, satisfaction of the applicant's claims in whole or in part, an indication of the recovery of fees of the judicial type, the period and procedure for appealing the act (the issuance of this part of the decision is made within five days from the date of announcement).
On the basis of the decision, an executive document is issued, which is subsequently presented to the bailiff department for enforcement. The act in question is characterized as mandatory, exceptional, irrefutable, enforceable, pre-traditional.
Unlike a court decision, the order consists of two parts: introductory and resolutive. The specified document in itself is considered a writ of execution. In the course of the proceedings, the issuance of an order allows solving problems related to civil matters. This is due to the fact that with a reduced time for consideration of the claim, it is possible to eliminate a number of stages of the proceedings by unloading the courts.
Now it’s clear that a court order is a court decision or not, since there are significant differences, although both documents are adopted in order to resolve disputes between citizens and restore the violated interests of the subjects.
The order of the justice of the peace is issued in a shorter time than the decision, and requires less materially point of view, since for issuing the order the amount of the state fee is two times less than for the court decision.
It is important to understand that not all court cases can be considered in a simplified manner. If there are many controversial issues, and the case requires careful analysis, the lawsuit can only be accepted by a district or other type of court.
What is the difference between a court order and a court decision
The court that made the decision has no right to cancel it, and the order can be canceled by the same justice of the peace. The basis for the cancellation of the act is the statement of the defendant filed in those cases if he does not agree with the verdict issued by the judge.
If the debtor was unable, for good reason, to file a timely objection, he can file a counter-statement with the application of documents confirming that the defendant was not able to send the paper with objections on time.
After the order is canceled, the claim of the plaintiff can be satisfied only through a district or other court of this type. This is provided for in article 129 of the Russian Code of Civil Procedure.
The party that claims in the framework of the writ is considered a claimant, and the defendant is a debtor. Article 122 of the Russian Civil Procedure Code establishes a list of legal requirements by which a court order may be issued:
- failure to comply with the terms of a simple written or certified notary or transaction;
- non-payment or non-acceptance of a bill of protest;
- collection of alimony for children of minor age without establishing or contesting paternity;
- recovery of salaries, vacation pay, dismissal and other payments, as well as compensation for their delay (non-payment);
- recovery of expenses incurred by the state in connection with the search for the debtor, defendant, child;
- debt collection for an apartment, utility and telephone type services;
- non-payment of contributions of participants in a partnership of homeowners or members of a building type cooperative.
If the case is not subject to consideration in the order of writ, not a court decision or court order is issued, but a court ruling. In this case, the claim is returned to the applicant for redirection to the appropriate authority for consideration.
Debt Collection Order of the Justice of the Peace: Process for Accepting and Sending Objections Against
When considering the issue of how the court order differs from the court decision, it is important to study the essence of the debt collection act. This document is considered an imperative act of a judge.
Its issuance is the result of the receipt and consideration of a written application for recovery by the plaintiff. The document on legal force is equal to the writ of execution. The purpose of issuing the order is to ensure the implementation of the party’s requirements for the recovery of money or other property.
According to the norms of Article 121 of the Russian Civil Procedure Code, an order can be obtained from a judge only in cases where the amount of the penalty does not exceed five hundred thousand rubles.
Differences of the order on collecting debts from other documents issued by judges
When analyzing a court order and a court decision, the difference is significant. The difference of the order from other documents is as follows:
- The publication of the act is based on indisputable documents that do not contradict the norms of the law. In addition, the consideration of the case does not require additional clarifications and the presentation of other evidence.
- Consideration of the statement of claim is carried out without inviting the parties, hearing their arguments and explanations.
- The basis for submitting an application is the existence of a debt certified in writing. The presence of debts on the basis of an oral agreement is not considered the basis for the collection of these amounts.
The issuance of an order is subject to five conditions:
- A statement for the carriage of debt is justified by the presence of a loan agreement that confirms the transaction concluded between the debtor and the creditor. The contract must be notarized.
- The agreement is based on written paper.
- The applicant petitioned to recover child support from a parent without the procedure for establishing maternity (paternity).
- Order proceedings relate to the recovery of arrears of wages or other labor payments, as well as compensation for their delay.
- There is a petition from the body dealing with internal affairs to recover costs for the search for the debtor or child.
In connection with the foregoing, the answer to the question is immediately clear, the court order is a court decision or not. This is especially clear when considering the role of the defendant.
His presence in the investigation of the case materials is not necessary, but he has the right to send objections to the statement of claim. However, he is not required to motivate them with additional evidence.
If during the period established by the norms of the legislation written objections are received from the defendant, the document is canceled. The cancellation of the order does not prevent the re-filing of the statement of claim with the court on the same issue.
When a decision or court order is made, the defendant has a statutory period for appeal. In the case of the act of the justice of the peace, the period is ten calendar days from the date of publication and submission of the document to the address of the debtor.
If the defendant has not received a copy of the order due to the fact that he does not reside at the address indicated in the lawsuit, the court does not bear responsibility for this. In the event that the debtor received the document late, he does not have the right to send claims to the judicial authority.
There are a number of cases where the defendant has the right after the end of the period for appeal to file an objection. These include cases where the debtor was in the hospital, on a business trip, in a correctional institution, and the like.
If the reasons are not considered valid, or the defendant did not confirm them with reliable evidence, the judge refuses to accept the complaint. A claimant may also appeal such a document.
Entry into force of a court order
Another aspect of the difference between a court order and a court decision is the period of entry into force. The order takes its full effect in ten calendar days.
If the defendant does not file an objection within the period established by law, the document shall enter into force. After that, the judge’s act is sent to the plaintiff or, at his request, to the bailiff department for execution.
Advantages and disadvantages of filing a lawsuit in a magistrate court
Since the court order is not a court decision, it has its positive and negative sides. The pluses of applying to a magistrate court include the following facts:
- the publication of the show is carried out solely by the judge, based on claims of an indisputable nature, which can significantly reduce the period of consideration of the case;
- the annulment of the judicial decision is carried out by filing a written objection;
- if the judge reversed the decision, the plaintiff has the right to resubmit a similar application;
- the defendant has the right to familiarize himself with the claims made by the plaintiff and to receive all copies of documents related to the case;
- during the consideration of the case, the debt can be reduced, and fines and commissions can be written off if the debtor appealed the court order, and the plaintiff filed an application with the magistrate court again;
- the debtor has the opportunity to tighten the proceedings in order to gain time to resolve the dispute with the creditor in a peaceful format;
- in the absence of objections from the defendant, the plaintiff can quickly receive satisfaction of the application and submit a document for execution to the bailiff department.
When examining the difference between a court order and a court decision, it should be noted the disadvantages of dispute resolution in the court:
- after filing a statement of claim, none of the parties is entitled to submit additional written evidence;
- Objections may be filed only within ten days from the date of receipt of the court decision (in this case, if the defendant did not receive the document due to circumstances beyond the control of the court, he will not be able to send a complaint in the future);
- when missing the period, the debtor will not be able to reverse the decision if he does not have good, valid reasons, confirmed in documentary form;
- if the defendant managed to file objections without even motivating them, the plaintiff in a three-day period will receive a decision on refusal to issue a court order, and will be forced to file a lawsuit again;
- the plaintiff is not entitled to file a claim if the amount of the debt exceeds five hundred thousand rubles.
In general, an appeal to a magistrate court is in demand due to the fact that the procedure for considering a case is simple and short.
Opportunities for revoking a court order
The difference between the court decision and the court order basically consists in the fact that, based on the groundless complaint of the defendant, the decision cannot be canceled, but the order is possible. After the act is passed by the judge, the debtor has a ten-day period from the moment of receipt of the document for the submission of objections by decision adopted by the authorized entity.
The defendant may disagree with the order in writing. If a response is not received from him in a timely manner, it is a priori considered that the debtor agrees with the act of the judge.
In general, it is possible to answer positively the question of whether a court order is a court decision, since the applicant's requirements are satisfied by the will of the judge. But officially, however, such an imperative document is considered an order.
According to the rules of article 129 of the Russian Civil Procedure Code, the fact that the debtor disagreed with the judge’s decision is already considered the basis for canceling the order, even if the paper from the defendant is not documented.
The cancellation of the order does not indicate a refusal to recognize the debt. This fact confirms that on this occasion there is a dispute between the subjects. Therefore, the claimant has the right to continue the settlement of disagreements, but by submitting a statement of claim to the relevant district or other court.
The cancellation of the court order does not mean the cancellation of the debt of the defendant to the creditor. If the calculation of this amount is unlawful, the filing of objections will give the debtor the opportunity to extend the deadline for collecting documents submitted in support of his position.
Possibilities for canceling a court decision
Considering the differences between a court order and a court decision, it is important to study the process of canceling a judge’s decision. An appeal of an appeal nature is submitted to a higher cassation instance through the body that issued the impugned act.
The time limit for appealing a court decision is one month from the date of publication of a reasoned document. In support of objections, the defendant or another participant in the process must substantiate his arguments by attaching written evidence of his position to the complaint.
If the complaint was drawn up incorrectly, it is sent back to the applicant. If the procedure is followed and the content of the document meets the requirements established by law, the materials are transferred to the cassation instance.
The plaintiff and other parties to the case have the right to file an objection to the appeal of the appeal type, confirming their arguments documented. Also, the participant in the trial who sent the objections has the right to withdraw them. In this case, the judge will rule on the refusal to accept the complaint.
The appeal procedure is as follows: complaints to the justice of the peace act are submitted to the district court through a lower court, and claims by decision of the district court are lodged with a higher regional or other body of the appropriate level.
Any participant in the proceedings and the prosecutor are entitled to file a complaint. If the party that sent the written expression of dissatisfaction was not satisfied with the decision of a higher court, it has the right to appeal to the Supreme Court with a corresponding complaint to analyze the document in cassation. We can say that a court order is a court decision, but with a different appeal procedure.
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In addition, each transaction disputed in a magistrate court is examined separately. In one case, the contract must be certified by a notary, in another it may not be necessary. Therefore, each situation is investigated in a separate order.
If the justice of the peace decides that the case is not within the jurisdiction of the given section or the corresponding level of the courts, he shall issue an appropriate ruling with reference to the rules of law.
Refusal to accept the claim does not deprive the applicant of the right to submit a second application to the same court or send documents to the appropriate authority to resolve the dispute. If the case is redirected to another judicial district or district court, the plaintiff has the right to file an application with the tax service to return the erroneously paid state fee.
The difference between a court order and a court decision is to differentiate between the categories of cases in which a particular act is issued.