A court ruling is one of the legal categories faced by readers of procedural codes. As a resolution, individual acts of courts are mentioned in all types of legal proceedings. What is the difference between all of them?
Terminology
The procedural codes explain the terms. In the Code of Civil Procedure, for example, judicial decisions refer to all the acts issued by the courts without exception. Such a general designation. A number of requirements are presented to all without exception, and we will talk about them below.
Judges make decisions, decisions and orders. What is common between them and what is the difference between them?
What decisions are made in the case
A court order is, first of all, the result of the exercise by judges of their powers. It reflects the opinion of the court on all issues arising during the consideration of the case and on the merits of the dispute.
Documentation of procedures
All actions of a judge are documented. The secretary or assistant, having developed the document, submits it to the judge for signature, and the judge puts his signature on it. If the paper is to be sent to the participants in the case, a seal is also put confirming the authenticity of the document.
Some actions, for example, a ruling on refusing to demand evidence, are not formed as a separate document. A record of the court decision is made at the request of the party.
The procedural legislation gives clear instructions on in what situation how to act.
How to protect your interests if the judge ignores the requests or refuses them, and no additional notes are made in the minutes?
To state their requests in writing and submit them through the office, and leave copies of applications at home, then the judge and the other side will not be able to claim that no relevant requests were submitted.
Systematization of judicial acts
The list is as follows:
- definition;
- decision;
- resolution;
- court order.
Judicial rulings
They begin the proceedings in all instances, they draw up interim actions and final decisions on special proceedings, final decisions of the appellate, cassation or supervisory instance, leaving the acts of lower courts unchanged.
Thus, a determination is an act adopted by judges more often than others. The decision in the case may be one, but the definitions are made several times, even in the simplest case.
Decision
The decision is always made on the merits. The judge either agrees with the statement, or not, or does it partially. Stricter requirements are imposed on this type of judicial act, and their violation entails unconditional cancellation.
The document reflects the parties ’arguments, circumstances revealed by the court, interpretation of legislation and their assessment from the point of view of the court. Lack of proper motivation is a sign of a judge’s uncertainty about the correctness of his actions.
Decree
This is the name of the final acts of the supervisory court in a case in a civil proceeding.
Proceedings in a criminal case at the judicial stage are formalized by decisions if one judge is involved in the case. If there are several judges, interim decisions are drawn up in the form of rulings.
The decision on forensic examination is the result of the actions of either the investigator or the judge.
All examinations appointed during the investigation are called judicial.
Court order
Accepted by applications of citizens and organizations, the list of reasons for such appeals is closed and cannot be expanded. The entire list of grounds is a dispute on the recovery of funds and recognition of property rights (up to 500 thousand rubles).
It is taken out only on the provided materials and without calling the parties. The refusal of extradition or its cancellation gives the applicant the right to go to court with a lawsuit in the general manner with the same request in respect of the debtor. Orders are issued differently than other acts of the courts. This is described in more detail in the decision of the plenum on judicial practice in cases of writ proceedings.
General requirements for registration of acts of an intermediate nature
- name of court;
- name of the document (determination, decision or decision)
- surname and initials of the judge, secretary;
- brief information about the submitted request, its content;
- the motives that guided the judge in deciding and articles of the procedural law;
- the substance of the decision (to refuse the application or to satisfy it, in whole or in part) or to take another decision (to leave the lawsuit motionless or to return it, etc.).
- date and signature of judge and clerk.
The content of acts issued on the merits
The document indicates:
- name of court;
- surnames and initials of judges and the secretary;
- summarizes the circumstances of the case, the claims of the parties or the plaintiff;
- arguments of the parties;
- assessment of arguments by the court, links to legislation;
- the reasons why the court considers the arguments unfounded and the evidence unlawful or irrelevant to the proceedings;
- consent to the claim or rejection of it (the following lists the requests with which the court agreed).
- date of the decision and signature of the judge.
If the full version of the judicial act was issued later, the date of manufacture of the full version is also placed on the document.
Practice regulations
The Armed Forces of the Russian Federation issues the Decisions of the Plenum on judicial practice. What are they and what is their status?
The decisions provide general explanations on the application of the legislation without reference to a specific case, in other words, how, in general, one or another rule of substantive and procedural law should be understood and applied. This ensures the formation of a common understanding of the law and its application.
Periodically, documents are amended. Why? The Supreme Court changes its mind or changes are made to the legislation. I must say that judgments often lag behind the laws in terms of updating, and this causes difficulties for judges and lawyers involved in cases.
In addition to changes, additions are made that describe problems that were not previously or were not noticed.
Earlier, in Soviet times, decisions were binding. Now there is no such provision, and, according to the current legislation, the Decree of the Plenum of the Supreme Court of the Russian Federation on judicial practice is of a recommendatory nature.
At the same time, in procedural legislation, one of the grounds for reviewing cases by way of supervision is non-observance by the courts of uniformity of practice.
In general, the problem remains open and completely unsolved.
Generalizations or reviews
Reviews are published quarterly. They are approved by the Presidium of the court. This is nothing but a ruling on judicial practice. The nuances of disputes that have reached the Presidium of the Court are examined, the reasons for which previously made decisions are canceled or changed are outlined.
The reviews provide a chance to see how the highest court looks at the norms of the law and their application in the context of a specific dispute. It is easier for participants in the process to understand the understanding of legislation by the courts using examples.
Similar material studies are conducted on cases examined in different regions, which shows the general picture in the country.
The reviews are also valuable in that they reflect the practice of civil, arbitration, criminal matters, and disputes involving military personnel. In addition, reports are being made on decisions taken by the ECHR and UN committees regarding the Russian Federation.
Periodically, courts of all levels make local reviews, they are characterized by different levels of information. Some are considered successful and are actively used.