Judicial acts are a type of legal act. They have a number of features. All of them are connected with the powers of the court and the tasks performed by it. Let us also consider the difference between acts issued in a particular case and judicial legal acts.
Features of acts
Consider the features common to all acts of the court, regardless of the type of proceedings (civil, criminal, administrative, etc.):
- they are the result of the activities of a separate branch of state power;
- made only on the basis of current legislation within the established competence;
- have a law enforcement character and are aimed at the establishment, amendment and termination of legal relations;
- it usually involves a specific dispute or situation requiring court intervention;
- form and structure are determined by procedural rules;
- are mandatory for participants in the case and all other organizations, bodies, individuals who were not affected by the review process.
Only a few features of court acts are listed above.
The role of the courts
Courts carry out various tasks: dispute resolution, fact-finding, and so on. In addition to citizens and organizations, the powers of judges extend to the executive and legislative branches. It is the courts that resolve disputes arising between management structures. The statutory and constitutional courts of the subjects play a special role. Judicial acts are a form of expression of the activities of the components of the judicial system.
The basis of judicial decisions
A judge makes a decision, sentence or other act, guided by the existing regulatory framework, consisting of laws and by-laws. He has no right to evade the application of a legislative act, unless he contradicts more significant normative acts. The result of the judge’s work is considered to be in compliance with the norms provided that he complies with the procedural norms.
A judicial act is to some extent the result of the work of other authorities (the adoption of laws, other regulatory acts, managerial decisions, etc.), and its author does not have absolute freedom in his actions.
Exposure limits
The laws stipulate that the legality of judicial acts is, first of all, a means of resolving specific conflicts or disputes, establishing facts, resolving other problematic situations. Therefore, they are of a law enforcement nature.
Now about the impact on the legal relationship. A change, for example, is considered approval of a claim by one of the parties for adjustments to the agreement. Termination of legal relations is, for example, termination of the contract at the suit of one of the parties or another authorized person.
The establishment of legal relations is carried out in the event of the establishment of facts, recognition of paternity, etc. The decision always affects specific people, for example, collecting a sum of money, reinstatement in the queue for housing, etc.
Mandatory
The authority or individual does not need to take part in the trial so that the court decision is valid for him. It is endowed with legal force in relation to all, without exception. In addition, the law establishes liability for the refusal to execute a judicial act. Officials and employees of organizations are directly held accountable for this. Failure to comply with some decisions - in particular, on the payment of alimony - serves as the basis for liability under other articles of the Criminal Code.
In addition, the facts established by the decision, to one degree or another, are taken into account when considering other cases in the courts.
Judicial and regulatory acts
The purpose of a normative act is to streamline public relations. It is a set of rules that must be followed by all persons who are related to it. For example, the rules for applying for subsidies. Violation of order entails a denial of assistance. Failure to comply with other requirements may result in property, administrative or criminal liability.
Normative acts, by their nature, are, as a rule, general in nature, and affect an unlimited number of people. At the same time, they are accepted by authorized bodies in the prescribed manner and express the will of the state.
Judicial acts are also aimed at regulating relations, but already between specific individuals. They represent an interpretation of the law in a particular case. Judicial and normative acts are adopted in compliance with a special procedure. Violations lead to their cancellation in whole or in part. Thus, these two categories of legal acts have a number of common features and differences.
Features of acts of the Supreme Court
The Supreme Court is the top link in the judiciary. His task is not only in the settlement of disputes. There is another function - the publication of clarifications that are relevant in both judicial and administrative practice of the country.
The Supreme Court holds Plenums, following the results of which it issues clarifications on the application of the rule of law on various issues, mainly those that arise in the courts. But their action is still advisory in nature. The same can be said of practice reviews. They reflect the opinion of the court, formulated on specific examples.
In addition, the Supreme Court is considering allegations of non-compliance with laws of regulatory acts of the Government, other central authorities (ministries, agencies, etc.).
Considering the case and making a decision on the legality or illegality of normative acts, the Armed Forces makes its own sense in their interpretation. The reasoning for such decisions is taken into account when preparing new applications in similar cases or in those in which acts partially canceled by court decision are applied.
The role of the Constitutional Court
He makes several categories of acts:
- conformity assessment of certain laws and their provisions with the Constitution;
- Interpretation of the norms of the Constitution and laws, expressed in court opinions.
All of them are referred to as legal acts, as due to their properties, they are to some extent equated to regulatory enactments. Unlike acts of the Armed Forces, they are mandatory for use by all authorities and courts.
By its decision, the Constitutional Court has the right to repeal the law in full, in part or to refuse a complaint, having interpreted the norm in such a way that the law is effectively terminated or the practice of application changes dramatically. A court ruling or ruling shall become effective from the moment it is issued or the entry shall be postponed in part of the repeal of the law (this is what the court did with the rules of the Criminal Code on entrepreneurs committing fraudulent acts).
A similar role is played by the constitutional and constitutional courts of subjects in the regions. If the role of the charter court is performed by the administrative chamber of the subject court, its decisions are reviewed in the Armed Forces.
Arbitration Acts
The following list of acts adopted by arbitration courts is mentioned in the agro-industrial complex: orders, decisions, decisions and rulings. Orders are accepted in a simplified manner, based on the application of the claimant without the participation of the parties. The judge is guided only by documents. Decisions are acts that end proceedings in almost all cases.
Definitions - intermediate acts in the framework of judicial proceedings. They also end some categories of affairs. The determination is made when considering the case on appeal or cassation. The result of the review of the supervisory appeal is made out in the form of decisions. Thus, the law lists possible options for judicial acts of arbitration courts.