The court, having examined the case, reads out a document entitled "The operative part of the court decision." "What is it?" - The parties to the process are immediately puzzled. And why only part of the solution, and not its full text? And where to get the full text and whether to take it? And "resolute" - what kind of word is that? The article answers these and other questions of inquisitive citizens who have a very distant idea of jurisprudence and the secrets of clerical work in court.
Judgment: what is it
A court decision is the final procedural document that the court reads after the end of the trial. It expresses the position of the court. A decision using the rule of law resolves disputes between parties to the process (for example, a dispute between neighbors on a land plot that for many years unsuccessfully conflicted with each other about the border of the plot can be resolved, or the final point is put in the division of property of former spouses and the residence of their minor children). In certain cases, a court decision restores the violated right of the party (for example, restoring an illegally dismissed employee to work and recovering average wages for involuntary absenteeism). Sometimes a document eliminates ambiguities in the interpretation of the norm of a legal act applicable to a controversial situation, and interprets incorrectly drawn up clauses of a concluded or existing agreement (the latter is more typical of the arbitration process).
Solution Content
Whatever the court decision, it is obliged in terms of form and content to comply with the rules prescribed in the procedural codes. The document should contain an introductory, descriptive, motivating and resolutive part of the court decision. This helps to competently structure the document, dividing it into certain semantic subsections.
1. Introductory part of the decision. It prescribes the date of the judicial act, the place of drawing up, the composition of the court and its name, surname, name, patronymic of the employee who keeps the minutes of the meeting, the name of the parties to the process and the essence of the plaintiff's stated claims.
2. The narrative of the decision. It sets out in detail the essence of the applicant's claims, the objections of the other party and the explanations of other persons in the case.
3. The motivation part of the decision. It sets out the circumstances, the situation that is being resolved, the evidence provided by the participants in the trial and which subsequently form the basis of the court’s conclusion, references to evidence that the court takes into account and which it considers inappropriate, as well as legislation that the court applied to a specific situation.
4. The operative part of the court decision. This is the most important part of the document. It is in it that the result of the statement of claim is written - is it satisfied or the court refuses to satisfy it. The costs of the court are compulsorily distributed (to the party that won the case, the court awards the expense of the fee, costs and expenses paid at the expense of the losing party), as well as how to appeal the decision.
The meaning of the operative part of the decision
As mentioned, the operative part of the court decision is the most important part of the document. It is on the correctness and correctness of the formulations prescribed by the court in this part that the possibility of the execution of decisions by bailiffs sometimes depends. For example, an error in spelling the name of the defendant from which the court collected money, complicates the execution of the document. And the operative part of the decision of the arbitration court is even tougher, completely, without paraphrasing, speculation and changes, is transferred to the content of the writ of execution. It is stated in the form of a brief order: to oblige, reimburse, collect, etc. For more details about this part of the decision, see below.
The operative part of the court decision (sample)
Claims are taken as an example, the essence of which is the eviction of defendants with the provision of a different room for them.
“ Satisfy the lawsuit
Evict Neschastlivtseva Igor Alexandrovich and Neschastlivtseva Elena Stanislavovna from a three-room apartment, which is located at the following address: Neponyatinsk, st. Builders, 78, apt. 17, and provide them with a three-room apartment with a total area of 120 square meters. m, including a living area of 88 square meters. m, which is located at: Neponyatinsk, st. Tsvetochnikov, 27, apt. 71. "
This is the resolutory part of the court decision. The example is fictitious and has nothing to do with real events and people, reflects the essence of the decision without indicating the distribution of costs and the appeal procedure.
The operative part of the decision in the arbitration process
Disputes arising between legal entities (business entities and other organizations) are resolved by the arbitration court. The final document, which logically ends the arbitration process, is almost identical in structure to the decision made in a civil dispute. It also contains four parts, the most important of which is the operative part of the decision of the arbitral tribunal. This part is prescribed in the imperative form without argumentation, which is available in the motivation part. If the court has established how to execute the decision, or the decision has taken measures to ensure compliance, then this also reflects the operative part of the decision on the claim. Moreover, to draw up the full text of the decision, the legislation provides the court with a five-day period.
The operative part of the court decision, sentence
There are some features in the names of procedural documents. So, the final document adopted by the court of first instance on the merits of the claims is a court ruling set out in the form of a court decision. The resolution is also a document of the court of second instance, which examined the complaint against the decision of the court of first instance; it has the form of an appeal ruling. The resolution is also a document issued by the court of cassation (third) instance. The operative part of the decision of the court of the third instance fully reflects the powers of the court to cancel, amend the decisions of previous courts or leave them in the form in which they were adopted. This applies to documents adopted on disputes, which are considered on the basis of the norms of the civil process.
Regarding the arbitration process, the situation is somewhat different. In it, a resolution is considered a document that is passed by the court of appeal and cassation, having examined the complaint against the final documents of previous courts. The operative part of the court ruling in these cases also reflects the position and authority of the court to uphold the decisions of the courts or to annul them in connection with illegality.
Sentences of courts and their resolutive parts
According to the results of a criminal case in which a specific person is charged with a criminal offense (for example, having committed a murder or theft), the court can pronounce a verdict of not guilty (that is, to completely rehabilitate the defendant), and the conviction. Their final parts are somewhat different from each other. So, the operative part of the verdict, which has the power of acquittal, must contain in its entirety the last name, first name, patronymic of the person who is acquitted by the court, an indication that he is considered innocent, the abolition of the preventive measure and ways to eliminate the harm caused if any.
The conviction differs in form and content from the acquittal. The operative part of the verdict, which has the force of an indictment, consists of indicating that the defendant is found guilty of a specific crime, indicating which crime he is considered guilty of, the punishment for the crime, the type of correctional institution and other equally important points.
The complaint and its operative part
A complaint differs from court documents in that the complainant (the person filing the complaint) asks the court, authorities, governing bodies or the administration of local settlements for something. The operative part of the complaint should answer the question of what exactly the complainant or applicant is asking or is demanding.
As a conclusion, we can say that the operative part of the court decision is the result of the court’s final document or complaint.