The validity of court decisions is a term often used in legislation and documents, but there is no official interpretation of it anywhere. So what does he mean?
Judgment
A court decision is the result of the use by the judicial authorities of their powers. A judicial act has many properties: it gives rise to rights and obligations, confirms facts and circumstances. However, they would be useless if the validity of court decisions did not exist.
To some extent, the effect of a court decision is legitimate to compare with the power that the law possesses. The difference between them is that the law affects an indefinite number of people, while the decision concerns a limited number of people. Significant differences exist in the order of their adoption, as well as the review procedure.
A court decision is most often the result of a dispute, and the law is the result of the activity of the legislative body.
Legal force means inviolability, continuity and commitment. The consequences of ignoring can be significant: from collecting a fine to criminal prosecution.
Varieties of solutions
The decision was taken to be a judicial act, adopted on the merits of the stated requirements. It suggests several options:
- denial of action;
- satisfaction of the claim;
- partial refusal, partial satisfaction.
All other judicial acts adopted by the first instance are referred to as definitions.
Based on the outcome of the review, the appeal makes either a determination or a new decision. Making a determination means a complete rejection of the complaint. The decision at the appeal stage is made with partial or full agreement with the complaint, when the earlier decision is either canceled in full or changed.
The appeal examines private complaints about interim decisions, in particular the return of the claim, the refusal to order an examination, etc. Regardless of the outcome of the appeal, a determination is made.
The cassation and supervisory authorities either issue a ruling (which means the complaint is denied) or a ruling indicating full or partial agreement with the complaint.
Validity Procedure
The validity of court decisions is acquired depending on at what stage and by what authority they are made. Procedural codes provide for two options:
- expiration of appeals;
- gaining strength immediately after removal.
The first option is typical for judicial acts of first instance, the second - for acts of appeal and cassation, as well as the supervisory stage.
Legal moment
A party dissatisfied with the act is entitled to file a complaint with a higher authority, which agrees with either the decision made or the complaint.
For the decision of the first instance, the end of the appeal period and its acquisition of legal force takes place at one time.
Some judicial acts are not appealed, since this is not provided for by law. For example, a court ruling on opening a case. In addition to the fact that such acts have the legal force of judicial decisions from the moment they are issued, their repeal would not make sense.
The judicial system provides for the filing of complaints on certain intermediate acts that affect the rights and obligations of citizens. The restriction of the right to appeal certain procedural decisions precludes the possibility of abuse. At the same time, it is permitted to invoke their illegality in proceedings in higher instances.
Decisions of the appeal and the cassation instance take legal effect on the day they are issued; in parallel with this, the deadline for filing a complaint to a higher court is calculated.
Postponement of entry into force
Appeal of court decisions - sending complaints about previously made decisions. How does the procedure affect legal force? A timely appeal will delay the receipt of legal significance by a judicial act.
If a complaint is submitted to the cassation and then to the supervisory authority, no automatic deferral of acquisition by decision of force is provided for. The plaintiff has the right to engage in the execution of a judicial act.
A higher court may, upon receipt of an application by an interested person, postpone the execution until the final decision on the case.
Thus, the appeal of court decisions either delays the onset of the moment they acquire legal force, or restricts it, with the consent of the court considering the complaint, to suspend enforcement proceedings.
Decision Limit
Several rules apply to this:
- a judicial act that has acquired legal force is mandatory for all organizations, authorities and citizens, without exception;
- the earlier decision regarding established facts is valid for the same parties in a new dispute.
What about the first paragraph? For example, ownership of a property is recognized. An official from Rosreestr is required to register the right on its basis. Other citizens are required to respect this right. By the way, the right received or recognized in court is transferred to other citizens by inheritance, unless otherwise expressly provided by law.
If other persons participate in the dispute, the judicial act is not rejected as a source of evidence and is taken into account, depending on the circumstances.
Thus, the legal force of a court decision has certain limitations.
Search for information on judicial acts
Hundreds of judicial acts are handed down every day, and facilitating access to them helps participants in the process and ensures an open judiciary.
The state has currently created two electronic databases. They contain information on cases, dates of appointed meetings, and judicial acts.
The portal kad.arbitr.ru serves the system of arbitration courts. GAS "Justice" - a system of general courts. The Armed Forces of the Russian Federation has its own database, and it is considered quite good.
The register of court decisions of the arbitration system is considered the most convenient and complete. It supports many features that greatly facilitate the conduct of the process for both judges and parties to disputes.
The database of general courts, on the contrary, is criticized. Card files are filled out partially or late.
Both databanks contain information on the entry into force of acts.
The law does not prohibit the creation of registers of court decisions by private individuals, which they use. For example, the portal sudact.ru is popular. By the way, it has more chance of finding an act of the court of general jurisdiction, compared to the same state portal.
Validation
How to verify the validity of a court decision in a case? With the acts of appeal, cassation, the supervisory authority no questions arise, and the main confirmation of the validity of the document is the signatures of the judges and the seal of the court.
The decision of the first instance is also stamped and signed, but this is not enough. Officials involved in its execution are asked to provide a copy of the decision with a mark of entry into force. A stamp is inserted under the text of the decision, in which the date and the certifying signature of the judge are entered. If the judge who made the decision cannot mark for some reason, the chairman does so.
This mark confirms the legality of the court decision. According to the law, it is considered to be consistent with the law until it is canceled or amended by a higher court or revised due to new, previously unknown circumstances.
Arbitration courts are now issuing electronic copies of decisions certified by a digital signature. In other courts, a similar procedure is only just beginning to be introduced.
Practice shows that getting a mark is a difficult procedure. The participant in the process is given a copy without a mark, then, after the time allotted for appeal, he submits an application for a copy with a mark.