What is a judicial decision
Under the court decision it is necessary to understand the procedural act, which contains the will of the court concerning the subject of dispute. Depending on the court's jurisdiction and authority to distinguish the decision in the form of a ruling, decision or verdict. The court's decision may relate not only to commit the liable party in favor of the plaintiff taking any action, but the emergence of new rights and obligations. For example, on the basis of a court decision recognized the right of ownership on the property or otherwise.
From the moment the court decision comes into force, it becomes binding on the entire territory of the country.
What is the court's decision
As a rule, the decision of the court is divided into 4 parts. At the top of the solution is placed the state coat of arms. Then follows the title of the document. Then specify the name of the court, date and place of adjudication, and case number.
In further text should go in the introductory part of the decision that contains information about the composition of the court and other parties participating in the case, as well as information concerning the subject of dispute.
This is followed by the introductory part of the decision that describes the contents of claims and objections of the opponent. If in the course of the proceedings the plaintiff somehow changed his claims, then this fact is also reflected in the chapeau.
The main volume of judicial decisions have on the reasoning part. It contains the legal position of the court regarding the asserted claims. It is formed on the basis of legal norms and the light of the explanations and other evidence provided by the parties during the proceedings.
Completes judicial decision result part. It contains a clear verdict on the merits of the dispute. So, the court may satisfy the claim in full or in part, or to refuse satisfaction of the declared requirements. In addition, in the result part, the court decides on the distribution among parties court costs. The end result of the decisions should be given the procedure and terms of appeal.
The judgment must be signed by the judge and court clerk, and sealed. Also, if necessary, in the decision indicates when it was made a full text or the reasoning part. These dates are important for the correct definition of the term subsequent appeal against the decision.
Advice 2: How to get your hands on a court decision
The trial court concludes, as a rule, a decision in which interested persons involved in the case: the parties and third parties. How to get your hands on a copy of the judgement?
You will need
- - passport;
- - power of attorney.
After the court decision, the operative part of which is disclosed in court, the judge shall inform the attendees if they can get a copy of the decision. In accordance with article 199 of the Civil procedure code (CPC RF) and the article 176 of the Arbitration procedure code (APC RF), the decision in final form must be made within 5 days from the date when the proceedings were completed.
After this court term will report to the office of the court, which heard the case, with a passport. Name of court employee case number and tell me in what capacity you participated in it. In confirmation of delivery of a copy of a judicial decision, you will need to sign.
To obtain a copy of the judgement through an authorized representative. He will need to produce the same actions specified in the paragraph 2, but excluding passport representative should have a power of attorney duly executed.
In accordance with article 214 of the code of civil procedure of the Russian Federation, those persons who participated in the case, but was not present at the hearing, a copy of the decision of the district court, the magistrate sent by mail. This must be done within 5 days after the judicial decision adopted in final form.
In accordance with article 177 of the APC, if you have not received a copy of the decision of arbitration court on receipt, it will be mailed to you within 5 days by registered letter with acknowledgment of receipt.
The original judgment remains in the case file. If the copy of the judgement was issued and subsequently lost, re-issuance paid state duty. Payment of the state duty is regulated by the tax legislation.
A copy of the court decision by mail sent to the address you have specified in court. If you move, notify the court.
Advice 3: How to appeal the decision of the Supreme court
In case of disagreement with the adopted decision or the appeal determination of the Supreme court of the Republic you have the right to appeal his decision. To do this, write the appeal. Design it, pursuant to articles 376, 377, 378 of the Civil procedure Code of the Russian Federation. Appeal in cassation is possible within six months of the entry into force of the court decision.
You will need
- - The code of civil procedure of the Russian Federation;
- - personal data of the plaintiff and defendant;
- - the decision or ruling, which is subject to appeal;
- receipt about payment of state duty.
Write an appeal if you decide to appeal the appeal ruling, decision of the Supreme court or another decision, which is subject to appeal to the court of cassation, prescribed in article 377 code of civil procedure of the Russian Federation.
In the upper right corner enter the name of the court in which you wish to make a complaint. Accordingly, it will be the Supreme court. Next, write the complete address of the location of cassation. Enter personal information of the Respondent, his address of permanent place of residence. Enter the surname, name, patronymic of the claimant, the address of his residence.
In the middle of the name of document in capital letters. Then enter the date and the name of the judicial authority, decision or determination which you are appealing. Write the number of the case, which was considered by the court and by which it was issued.
In the descriptive part of the appeal, list the case considered by the court. Then, referring to legislative acts in the reasoning of the arguments and write the grounds on which you do not agree with the decision or determination.
In the petitionary part of the complaint email that you ask to cancel the decision or determination of the court, adopt a new resolution, and the lawsuit said the plaintiff, cancel.
Enter the list of evidence attached to the complaint. These include the decision or the court that you are appealing, the receipt on payment of state duty, the amount of which is established by the legislation. Make as many copies of the appeal, how many of those involved in the case. Put your signature, the date, your surname, initials.
In a cassation order, you will not have the right to appeal the decision of the Supreme court of the Russian Federation, resolutions that have not passed the appeal stage, a judicial determination and magistrates. It is impossible to file an appeal if you appeal a determination by the district court. This is enshrined in article 377 of the Civil procedure code of the Russian Federation.
Write the supervising complaint, if the decision or the decision of the Supreme court of the Republic in the procedure for appealing the decision of the lower court on, for example, municipal or district court. Feeding made, signed by the applicant, a document with attached evidence to the Presidium of the Supreme court.
Serve Supervisory, cassation is involved in, as well as other persons rights, interests which are violated by the decisions, definitions, of the Supreme court.