Procedural codes and Code of Civil Procedure, in particular, describe what acts are, types of court decisions, what requirements are presented to them in terms of content. Note that the design is determined by departmental acts. We will also study the procedure for issuing judicial acts.
Normative regulation
To understand these issues, we turn to a number of provisions that are directly related to judges and staff. Citizens rarely resort to them. Article 13 of the Code of Civil Procedure clarifies what the act is, the types of court decisions, and touches on other general issues.
A number of articles are devoted to the procedure for adopting acts and their content. Judicial acts adopted either by the Supreme Court or the Judicial Department are based on procedural legislation and are supplemented by sample forms and a detailed description of the appearance of the documents.
Terminology
What types of court decisions are provided by applicable procedural legislation?
- resolution;
- definition;
- decision;
- order.
Below we consider the features of each type of solution.
Regulations
Decisions are considered, without exception, all types of judicial decisions that are made in the course of the proceedings. Decisions also refer to acts issued by way of supervision, that is, a supervisory authority. No other acts are called that way anymore, possibly due to the significance of the jurisprudence of this instance.
Definitions
Definitions are the most common types of court decisions in civil cases. They are accepted in the course of consideration of cases. They begin all proceedings without exception, this form is used to formalize the actions of the court, for example, the appointment of an examination, the adjournment and suspension of proceedings. As a rule, trials do not end with them. There are exceptions.
In particular, determinations always conclude cases considered in a special order. They are also submitted by the courts of appeal and cassation in preparation for the proceedings and in disagreement with the complaint.
Completion of the review process
Definitions - types of court orders that terminate the proceedings if a substantive decision is not made. This includes leaving without consideration, termination of the proceedings, return of the submitted application or claim. An exception is, as was written above, cases of special production.
Orders
They are taken out in a limited category of cases, mainly by justices of the peace (provided that the amount requested to be collected or the price of the property does not exceed 50 thousand rubles). The above amount is the limit of the value of the property, in relation to which justices of the peace are entitled to consider disputes. That is, a certain limit. Orders are a peculiar form of court decisions in civil cases.
Act process
They are accepted either directly during the trial or in the deliberation room in the absence of all participants in the case, including the secretary. Violation of the confidentiality of the deliberation room is prescribed by law as one of the reasons for the cancellation of a decision taken on the merits.
There are no special requirements for the procedure for adopting acts ensuring the progress of a case.
Thus, the order of adjudication is determined by the nature and significance of the act.
What is the structure
There are a number of requirements for the content of the judgment. What particular items it consists of is established by the procedural law. Separate rules are provided for definitions, orders and decisions. A special category is the definitions of instances reviewing already resolved disputes (appeal, cassation, supervision).
General Features
The acts that are issued on hand have common features:
- The presence of the state emblem.
- The text is printed on one sheet, if there are more than one, they are stitched and fastened with a tag signed by the judge or the secretary.
- The issued copy shall bear the signature of the judge or judges and the mark “copy”.
- Seal of the court issuing the judicial act.
- The decision or determination shall include the effective date.
Features of orders
Below we consider the content of court decisions in the form of an order:
- number, date of issue;
- name of court, surname and initials of the judge;
- name or full name and location or address of the applicant;
- the same information about the debtor, place of work, date of birth;
- Article of the law, which served as the basis for the issuance of the order;
- amount of the amount claimed or description of the awarded movable property;
- size of the penalty;
- bank account details;
- period of debt formation.
If an order is issued in connection with child support, the text must include: the date and place of birth of the debtor, his work, names and dates of birth of the children. Also, the size of the amounts and the collection period (more often indicate the age of children).
Definition Structure
The content of court decisions in the form of a determination has a different structure:
- date and place of removal;
- court name, surname and initials of judges, secretary;
- participants in the case, subject or essence of the claim;
- resolved the issue, the reasons for which the court came to its conclusions;
- essence of the decision;
- procedure and deadlines for filing a complaint.
Particular determinations are made when violations are discovered, and sent to the appropriate organizations for execution or to the bodies of inquiry or investigation, depending on what action was identified.
A judge has the right to take coercive measures for failure to comply with a private ruling on the perpetrators.
Features of Appeal Definitions
The results of the appeal results are as follows:
- Date and place of removal.
- Name of court, indication of surnames and initials of judges.
- Case number.
- Complainant
- The essence of the appealed act, available evidence, explanations of the parties on the arguments of the complaint.
- Conclusions and motives to which the court came.
- Reasons for rejecting the complaint.
- The order of entry into force and appeal.
- Cost sharing.
Features of the acts of cassation
The panel judge, who decided to refer the case for consideration on the merits, must indicate the reasons for this. If he refuses to refer the complaint to the board, he also indicates the reasons. As a rule, everything is typical there - the absence of significant violations of substantive and procedural law.
The structure of the cassation ruling is similar to the structure of appeals. Among the nuances can be noted an indication of all previously adopted decisions and definitions.
These rules apply equally to cassation of regions and cassation in the form of boards of the Supreme Court.
Features of acts of supervisory authority
The structure is approximately as follows:
- court name, surnames and initials of judges;
- date and city of the adoption of the judicial act;
- case number;
- information about the complainant;
- surname and initials of the judge who submitted the complaint to the panel for consideration;
- the essence of previous decisions;
- conclusions of the court and the reasons why he came to them.
This is important to consider.
Court decisions
Regardless of what authority makes a decision on the merits, it is built according to a single scheme:
- introductory part;
- descriptive part;
- motivation part;
- operative part.
The first section contains information about the name of the court, the name of the judge, his initials, the secretary, the participants in the case of their representatives, the essence of disputes, the stated claims of the claim.
The narrative summarizes the requirements and objections of the participants. In addition, their explanations.
The reasoning part of the judgment lists the circumstances revealed by the court and the evidence presented by the parties, their assessment.
The resolution sets forth full or partial agreement with the stated requirements or a complete denial of the claim. An integral part of a judicial act is a description of the procedure and the time period for appeal.
Finally
Judicial acts - documents fixing actions and decisions of the court in cases considered by him. Definitions, as a rule, are accepted during the process, decisions are already made on the merits.
There are some differences between the acts adopted at different levels of the judicial system. They are in the affairs of special production. Additional requirements are imposed on acts that resolve cases of special proceedings.