The ruling of the court of first instance is an act which is issued by the indicated judicial body on issues formed during the course of the civil proceedings. In this form, all judicial decisions are issued, which essentially do not resolve the case. The court ruling reflects its diverse administrative activities.
This kind of decisions permits the application on the execution and recognition of foreign arbitral tribunals, contesting their decisions, on the issuance of executive acts on the enforcement of decisions made by arbitral tribunals.
The issuance of the above decisions is carried out in the deliberation room in accordance with the established procedure.
The definition of the arbitral tribunal contains descriptive, introductory, motivating, and also operative parts.
In accordance with the content distinguish preventive, preparatory, final decisions.
The preparatory court ruling resolves procedural issues that contribute to the normal movement or development of the case, providing a solution that meets all the requirements of the parties. Such a decision is the appointment of an examination, the collection of evidence, the involvement of interested parties in the process and so on. The purpose of such decisions is to create the necessary conditions to ensure legal protection at the first hearing.
The restraining ruling of the court impedes further movement or initiation of proceedings. Such decisions include refusals to accept the application, the decision to leave the motion or consideration of the application, to return it, to terminate the proceedings due to the lack of the right to appeal to the judicial authority of the plaintiff.
A final court ruling completes the clerical work. The reason in this case is not the absence of the plaintiff’s right to appeal to the court, but the will of the parties. Moreover, the cessation of paperwork is carried out not contrary to, but in accordance with the will of the participants in the process. Will can be expressed in the form of a plaintiff’s refusal of a statement of claim, conclusion of a settlement agreement, and other things.
Private court rulings are procedural means of judicial response to violations of the law of individual officials or citizens revealed during the course of the trial, significant shortcomings in the functioning of public organizations, associations, institutions, enterprises. Such a decision shall be made in accordance with a judicial initiative on the basis of the established circumstances of the case separately from the decision, but at the same time.
Definitions are announced in the meeting room. Participants in the paperwork who did not appear in the meeting room, copies of the decision to terminate or suspend the review process or to leave applications without consideration are sent no later than three days from the date of its adoption.
In cases when it becomes necessary to conduct additional investigations during the trial or to continue to clarify circumstances relevant to the proceedings, the judicial authority shall order the resumption of the proceedings.
The definition, in contrast to the decision (the final document), contains judgments on certain issues that are formed in the course of the consideration of the dispute. For example, this concerns the postponement of consideration, suspension, leaving the application without movement, the termination of office work. The court shall issue a ruling in the form of a separate independent act or protocol order in writing.