A court decision is a concept that is widely used in legal practice. Drawn up in the form of a written document, in accordance with all established rules, the decision is of great importance in practice. Next, we consider the concept, essence and significance of the court decision, as well as some other features characteristic of it.
General concept
How does the legislator characterize the basic definition of the type of document in question? The concept and essence of a court decision can be considered in two directions: as a document and as a direct process, which is presented in the form of actions conducted by the court at the final stage of the process.
The concept of the type of document under consideration is enshrined in two regulatory acts - the Civil Procedure Code and the Arbitration Procedure Code. The first one says that a court decision is a court order issued by a body of first instance, which sets out the outcome of the resolution of the case on the merits of the question. With regard to this concept, interpreted by the Arbitration Procedure Code, it is set out in a similar way, but with a note that the court takes the decision in the case from a series of arbitration proceedings.
In criminal proceedings, it is noted that decisions taken by the court at the end of the proceedings are referred to as sentences. In judicial practice, there are two types of such a document - acquittal and indictment.
Essence
Considering the concept and meaning of the court decision, it is necessary to determine the main essence of this type of document. It is an act that is issued by a body administering justice. By its nature, this document belongs to the group of law enforcement, as it prescribes the need to apply certain rules of law in relation to a specific case. A court decision is an act the appearance of which means the completion of the trial in the case being heard.
The essence of the court decision as an act of justice lies in the fact that its content contains all the answers to questions posed to the court. Moreover, all ways of restoration of rights are prescribed there.
The document under consideration is compiled exclusively in accordance with the established procedural form. What features it provides and what should be in its content - we will consider further.
It should be noted that decisions taken in civil proceedings have their own characteristics. So, the essence of court decisions in civil proceedings is that they are decisions, the content of which reflects the presence or, conversely, the absence of a disputed law among the parties to the proceedings. After considering the case and passing the verdict adopted by the judge, this right from a controversial one becomes indisputable, that is, it cannot be refuted.
Value
Specialists in the field of jurisprudence note that the value and essence of court decisions in practice are quite large. First of all, the significance of this act is expressed in the fact that by its nature it is a written way to resolve the current situation, which has a legal nature.
The significance and essence of court decisions also lies in maintaining the rule of law, as well as in strengthening the rule of law not only with respect to participants in the process, but also in society as a whole. As part of this, it is possible to prevent further similar offenses, as well as the formation of respect for human rights and the law among members of the public.
Legal characteristic
Considering the nature, significance and content of court decisions, it is necessary to determine the basis of the legal characteristics of this document. So, this type of procedural act is characterized, first of all, by its legality and special strength. The legitimacy of the act is expressed in the fact that for the preparation of the document the provisions prescribed by the norms in force in the legal system of the state are used, and their application occurs only in a predetermined order. On the basis of this, the decision taken at the end of the consideration of the case in court has great power - it is endowed with such qualities as binding, prejudicial, diligent, and also irrefutable.
The legal characteristic of a court decision also includes such a thing as binding. It provides that all decisions taken by the court in a lawful manner must be enforced within the allotted time, as well as in an appropriate manner and in full. In the event that any of this was not observed, a person who violated a court order should be held responsible in the manner prescribed by law. As for liability, it is provided for in criminal law (Article 315 of the Criminal Code of the Russian Federation). In cases where a person who, in accordance with a decision of a court has been assigned to fulfill a certain obligation, evades to perform the necessary actions or deliberately performs them in an inadequate measure, he is forced to this by applying mandatory methods prescribed by law.
Any court decision made in a procedural manner is irrefutable and exclusive. What does this mean? The irrefutability of the court decision is expressed in the fact that it cannot be appealed either on appeal or on appeal, after the time limits set forth by the law for this expire. The legislator provides the only option for carrying out this type of action - if new circumstances were discovered in the case already considered. As for exclusivity, it is expressed in the impossibility of re-declaring those requirements for which the case was previously considered and for which there is a decision that has entered into legal force. A similar concept has the prejudice of decisions. Speaking about the prejudice of the decision as a component of the legal characteristic of the concept under consideration, it should be noted that repeated claims cannot be filed on the facts considered by the court. However, some circumstances may be challenged by the parties in the framework of the proceedings regarding the consideration of other issues (for example, in a court hearing regarding the award of any property to creditors).
Another component of particular relevance to the judgment is its enforceability. Based on this rule, all actions prescribed by the document are binding on certain dates. Moreover, the legislator gives the judicial authorities certain possibilities of coercion to enforce the decisions made.
Any decision made by a court must be complete. This requirement implies its adoption only on those issues that have been submitted to the court for consideration. Moreover, in the contents of this document decisions should be made regarding each issue posed to the court.
Kinds
The essence and significance of court decisions are defined in legal theory and are clearly traced in law enforcement practice. In legal proceedings, such types of decisions are distinguished as absentee, main and additional. These types are considered basic and are present in all types of legal proceedings.
There are some types of solutions that are not traditional for all types of process. These include the intermediate, partial and conditional - they are not in the civil process, since the features of their removal violate some of the principles characteristic of its conduct.
In practice, most of the decisions made by the court belong to the main group. All those acts that were adopted by the court of first instance and fully comply with the requirements declared by law are considered as such. It is also often practiced to make additional decisions that are taken to fill the so-called "gaps" of the main decision.
Structure
In addition to the concept and meaning of a court decision, the legislator dictates certain rules in accordance with which a document should be drawn up. So, any decision must necessarily have in its structure an introductory part, a subsequent description of the essence of the matter, a motivational and resolutive part.
As for the introductory part, it consists of data on the date and place of the hearing of the case, the composition of the court, as well as the presence of the parties and their names, as well as names and surnames. In addition, it indicates information regarding the subject of the dispute and claims that have been declared by the parties.
The narrative sets out in more detail the requirements put forward by the plaintiff, as well as the objections given by the defendant. It may also include statements and objections submitted by other parties to the process.
For the reasoning part of the court decision, most of the entire document is assigned. It sets out information regarding the circumstances of the case that were established during the trial, as well as all the evidence considered in the process. In the motivation part, a separate place is allotted for those arguments that are taken to reject the evidence provided, as well as links to regulatory sources that the court used to make decisions.
The operative part consists entirely of the conclusions reached by the court based on the results of the proceedings. It can be said about the full (or partial) satisfaction of the lawsuit under consideration, as well as the refusal to submit to the parties the claims. Also, in the operative part, the judge must indicate the specific time period during which the decision must be enforced. Moreover, it should contain information as to when the decision was made, which has a motivated character.
At the very end of any decision, the date of its adoption must be presented, and the document itself must be confirmed by the personal signature of the judge (or all judges, if the consideration was conducted collegially).
Publishing Solutions
Practice shows that the essence of court decisions in civil proceedings (or in any other) is that they should all be vowels. Since July 2010, this principle has been regulated by a normative act - the Law "On Ensuring Access to Information on the Activities of Courts". Its provisions stipulate the need for the courts to ensure free access for everyone to the materials of the decisions made, moreover, it states that all texts should be presented in full.
In order to ensure the safety of persons participating in the process, the legislator points out the need to ensure the safety of their personal data by excluding them from the text (except for surnames and initials). In the texts of published decisions, it is forbidden to disclose information constituting a commercial secret, and it is also strictly forbidden to post decisions made in cases of ensuring state secrets or the country's security.
In accordance with the published statistics provided by the courts, only 50% of decisions in criminal cases and 10% in administrative and civil cases are currently being published in practice. You can get acquainted with them on the official portals of structures.
Entry into force of decisions
The legislator enforces the basic rule, according to which the period of entry into force of the decision adopted by the court is determined. So, on the basis of legislative acts of a procedural nature, all points prescribed by a document of the type in question must be executed starting from the day from which the period allotted for appeal of the document on appeal expires. This rule applies only to cases where the act adopted by the court has not been appealed.
It should be noted that the deadline for appealing a court decision on appeal may be missed. For this, good reasons must be indicated for which a legal deadline has passed.
Immediate execution of decisions
The legislator determines the list of issues, decisions made on which should be implemented immediately. These include acts adopted in relation to the reinstatement of a certain person, clarification of the list of persons classified as voters, and the removal of restrictions imposed on bans on peaceful assemblies. This group includes decisions related to the seizure of funds, from which funding is carried out for activities that pose a danger to the normal functioning of the state and the course of peaceful life.
Cancel decisions
Today, the legislation provides for the possibility of canceling decisions taken by the court. The legal essence of a court decision in any case consists in its legality and respect for the rights of all parties. In the event that in the process of the previous consideration of the case any circumstances affecting the course of its consideration were not taken into account, the decision made may be appealed. This procedure is carried out exclusively upon request.
An appeal may be made in cassation or appeal, within the time limits established by law.
The significance of the annulment of court decisions lies in the fact that the annulled decision ceases to exist and, as a result, there is no need to perform all legal actions prescribed by it.