Civil Procedure Code of the Russian Federation
1. The court decision consists of introductory, descriptive, motivational and operative parts.
2. The introductory part of the court decision must indicate the date and place of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim.
3. The descriptive part of the court decision must contain an indication of the plaintiff’s claim, the defendant’s objections and explanations of other persons participating in the case.
4. The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.
If the defendant recognizes the claim, the reasoning part of the court decision may only indicate the recognition of the claim and its acceptance by the court.
In case of refusal of a claim in connection with recognition unjustified reasons missing the statute of limitations or the deadline for going to court, the reasoning part of the court decision indicates only the establishment by the court of these circumstances.
5. The operative part of the court decision must contain the court’s conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of legal costs, the deadline and procedure for appealing the court decision. The operative part of the court decision made by the magistrate must also contain an indication of the deadline and procedure for filing an application for drawing up a reasoned court decision.
Commentary on Article 198 of the Civil Procedure Code of the Russian Federation
1. Procedural legislation imposes certain requirements on the content of a court decision. In accordance with the commented article judgment should consist of four parts:
1) introductory;
2) descriptive;
3) motivational;
4) operative.
2. The introductory part of the court decision shall indicate:
- date and place of decision making;
- name and composition of the court;
- information about the secretary of the court session, the parties and other persons participating in the case, about representatives;
- the subject of the dispute or the stated claim.
The information in the introductory part is located in the structure of the court decision between the words “In the name of Russian Federation" and the word "installed".
3. The descriptive part must contain the claim of the plaintiff, the objections of the defendant and the explanations of other persons participating in the case.
The court sets out the initial and counterclaims and their rationale; objections and their justification.
The descriptive part ends with the phrase: “Having examined the circumstances of the case, having heard the explanations of the parties and other persons participating in the case, the court considers that the claim is subject to satisfaction (in whole or in part, not subject to satisfaction) on the following grounds.”
4. The reasoning part of the court decision indicates the final conclusion of the court on the case and its justification.
The reasoning part of the decision must indicate:
- the circumstances of the case established by the court;
- evidence on which the court’s conclusions are based;
- reasons for which the court rejects certain evidence;
- the rules of law that guided the court when making a decision.
The reasoning part ends with the phrase: “Taking into account the above, on the basis (the rules of substantive law are given) and guided by the articles (the rules of procedural law, usually Art. 12, 198 of the Code of Civil Procedure of the Russian Federation), the court decided.”
5. The operative part of the decision is the final conclusion of the court on the satisfaction or refusal of the claim (stated demand). It also provides the distribution of court costs and the procedure for appealing a court decision.
This conclusion is presented in the form of a short order (to collect, oblige, compensate, refuse, etc.).
Article 198. Contents of a court decision
Commentary on Article 198
1. A court decision has a certain structure and must meet the requirements for its content.
It is unacceptable to include in the operative part of the decision the court’s conclusions on that part of the claims for which a decision on the merits is not made, for example, on termination of proceedings in the case, leaving statement of claim without consideration, etc. These conclusions are presented in the form of definitions and must be made separately from decisions. However, the inclusion of these findings in the decision does not in itself constitute significant violation norms of procedural law and does not entail its cancellation on this basis in cassation, appeal and supervisory procedures.
2. The court decision consists of four parts: introductory, descriptive, motivational and operative. In accordance with paragraph 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 23, courts must observe the consistency in presenting the decision established by the commented article.
The content of the claim must be reflected in its descriptive part in accordance with the statement of claim.
If the plaintiff changed the basis or subject of the claim, increased or decreased its size, or the defendant admitted the claim in whole or in part, this should also be indicated in the descriptive part of the decision.
A party’s recognition of the circumstances on which the other party bases its demands or objections (Part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation) is stated in the reasoning part of the decision simultaneously with the court’s conclusions on the establishment of these circumstances, if there are no provisions provided for in Part 3 of Art. 68 of the Code of Civil Procedure of the Russian Federation, the grounds on which the acceptance of recognition of circumstances is not allowed.
3. The reasoning part of the court decision must indicate the law that the court was guided by when making the decision, i.e. the substantive law applied by the court to these legal relations, and procedural rules which guided the court.
The court should also consider:
a) regulations Constitutional Court of the Russian Federation on the interpretation of the provisions of the Constitution of the Russian Federation to be applied in this case, and on the recognition of the normative legal acts listed in paragraphs “a”, “b”, “c”, part 2 and in part 2 as consistent or inconsistent with the Constitution of the Russian Federation. 4 tbsp. 125 of the Constitution of the Russian Federation, on which the parties base their demands or objections;
b) resolutions of the Plenum Supreme Court RF, adopted on the basis of Art. 126 of the Constitution of the Russian Federation and containing clarifications of issues that arose in judicial practice when applying the rules of substantive or procedural law to be applied in this case;
c) decisions of the European Court of Human Rights, which provide an interpretation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms to be applied in this case (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23).
In cases of recognition of a claim or refusal of a claim due to missing the limitation period, as well as recognition of the reasons for missing the deadline for going to court as unjustified, the reasoning part may be set out in short form and include only the establishment by the court of these circumstances.
4. Based on the fact that the decision is an act of justice that finally resolves the case, its operative part must contain comprehensive conclusions arising from the factual circumstances established in the reasoning part.
In this regard, it must clearly formulate what exactly the court ruled both on the initially stated claim and on the counterclaim, if it was stated (Article 138 of the Code of Civil Procedure of the Russian Federation); who should perform what specific actions and in whose favor; for which of the parties the disputed right is recognized. The court must resolve other issues specified in the law so that the decision does not cause difficulties in execution (Part 5 of Article 198, Articles 204 - 207 of the Code of Civil Procedure of the Russian Federation). If the stated requirements are refused in whole or in part, it is necessary to indicate exactly to whom, in relation to whom and what was denied.
In cases where the decision is subject to immediate execution or the court comes to the conclusion that this is necessary (Articles 210 - 212 of the Code of Civil Procedure of the Russian Federation), a corresponding indication must be made in the decision.
Since in claims for recognition the question of the presence or absence of a particular legal relationship is resolved, the court, when satisfying the claim, is obliged to necessary cases indicate in the operative part of the decision the legal consequences that such recognition entails (for example, cancellation of the marriage registration certificate if it is declared invalid, etc.).
5. For certain categories of cases, the Plenum of the Supreme Court of the Russian Federation provides explanations as to what data should be indicated in the decision. Thus, in cases of divorce, in the reasoning part of the decision in the case where one of the spouses objected to the dissolution of the marriage, the reasons established by the court for the discord between the spouses and evidence of the impossibility of preserving the family are indicated. The operative part of the decision to satisfy the claim for divorce must contain the court's conclusions on all the claims of the parties, including those combined for joint consideration. This part of the decision also indicates the information necessary for state registration divorce in the civil registration book (date of marriage registration, registration number, name of the body that registered the marriage). The surnames of the spouses are recorded in the decision in accordance with the marriage certificate, and if the surname is changed upon marriage, the premarital surname must also be indicated in the introductory part of the decision.
In cases where both spouses wish to dissolve the marriage, in the reasoning part the court does not indicate the reasons for its dissolution, but is limited to indicating that the defendant admits the claim, i.e. I agree with the divorce, as well as the laws that guided the court when making its decision.
1. The court decision consists of introductory, descriptive, motivational and operative parts.
2. The introductory part of the court decision must indicate the date and place of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim.
3. The descriptive part of the court decision must contain an indication of the plaintiff’s claim, the defendant’s objections and explanations of other persons participating in the case.
4. The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court. If the defendant recognizes the claim, the reasoning part of the court decision can only indicate the recognition of the claim and its acceptance by the court. In the case of refusal of the claim due to the recognition of unjustified reasons for missing the statute of limitations or the deadline for filing a lawsuit in the court, the reasons Parts of the court decision indicate only the court's establishment of these circumstances.
5. The operative part of the court decision must contain the court’s conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of legal costs, the deadline and procedure for appealing the court decision. The operative part of the court decision made by the magistrate must also contain an indication of the deadline and procedure for filing an application for drawing up a reasoned court decision.
Commentary on Article 198 of the Code of Civil Procedure of the Russian Federation
1. The legality and validity of the decision presuppose its completeness, clarity and clarity of presentation, the presence in it of a convincing and comprehensive answer to the essence of the dispute or issue being resolved. The achievement of these tasks is served by the requirements of the commented article on the structure of the solution and the content of each of its components. Solutions for everything civil cases should consist of four parts - introductory, descriptive, motivational and operative.
2. The introductory part of the decision contains information that is important for its accounting and identification, as well as for execution. The date of the decision also determines the expiration time for consideration of the case on the merits.
Information about judges, secretary, prosecutor and individuals participating in the case are given in the introductory part indicating their procedural position, surname, initials. For legal entities, in addition to the procedural provisions, their exact name is given in accordance with the charter, regulations or other constituent document. In addition to the surname and initials of the representatives, it must be clarified whose interests they represent.
The introductory part of the decision must contain an indication of the subject of the dispute or the stated claim in combination with information about the parties or the applicant. For example: according to the claim of Ivanov I.I. to Petrov P.P. on the protection of honor and dignity; according to Sidorov I.A. on establishing the fact of family relations, etc. It also indicates whether it is open or closed. court hearing the case was considered (see commentary to Article 10 of the Code of Civil Procedure).
3. In the descriptive part of the decision, the circumstances of the case are stated not as they were established by the court, but as they are imagined by the parties and other persons participating in the case. This part of the decision should also reflect changes in the dispute during the hearing of the case.
4. In the reasoning part of the decision, the circumstances of the case must be indicated as they were established by the court on the basis of an analysis of the evidence examined at the meeting and their assessment (see paragraphs 10, 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2003 No. 23 “On judicial decision"). Conclusions about these circumstances are substantiated in the decision by reference to the relevant evidence and its content. If, when assessing the evidence, each individually and in its entirety, the court comes to the conclusion that some of it does not meet the requirements of relevance, admissibility or reliability, it is obliged to give reasons why it rejects this evidence.
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BVS RF. 2004. N 2.
Based on dispositive principles civil proceedings, the defendant has the right to admit the claim (see commentary to Article 39, 173 of the Code of Civil Procedure).
The recognition of the claim by the defendant indicates the end of the state of controversy and uncertainty of the material legal relationship. The court can only record its indisputability in the decision, confirm the rights and obligations of the parties and provide measures for their enforcement in the event of subsequent evasion by the defendant from fulfilling his obligations.
5. When making a decision, the court resolves the issue of legal expenses, including compensation to the party in whose favor the decision was made for the costs of paying for the assistance of a representative within reasonable limits (see commentary to Article 98-103 of the Code of Civil Procedure). Accordingly, the reasoning part of the decision must contain the rationale for the court’s conclusions on this issue.
In particular, the amount of expenses incurred to provide assistance to a representative must be confirmed by reference to relevant evidence with a disclosure of its content. Arguments are also given why the amount of compensation for expenses for a representative determined by the court meets the criterion of reasonableness.
When satisfying the requirements listed in Article 211 of the Code of Civil Procedure, the court is obliged, with reference to the said procedural norm, to turn the decision to immediate execution without justifying the use of such an execution procedure, since this is an imperative requirement of the law.
If such a procedure for execution is applied at the request of the plaintiff for other requirements (Part 1 of Article 212 of the Code of Civil Procedure), the court is obliged to indicate the reasons for applying the decision for immediate execution with reference to evidence confirming the need for this.
6. In the same part of the decision, the court must indicate the rules of substantive law applied to disputed legal relations, and the procedural rules by which it was guided when making a decision. If necessary, one should also refer to the legal positions of the Constitutional Court of the Russian Federation, clarifications of the Plenum of the Supreme Court of the Russian Federation and decisions of the European Court of Human Rights (see commentary to Articles 1, 11, 195 of the Code of Civil Procedure).
7. The court’s conclusions set out in the operative part of the decision must logically follow from the circumstances of the case established in the reasoning part. It must clearly and clearly formulate what exactly the court ruled both on the initial claim and on the counterclaim, if it was stated, who should take what specific actions and in whose favor, for which party the disputed right was recognized; if a claim is rejected in whole or in part, it is necessary to indicate exactly to whom, in relation to whom and what was denied (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2003 No. 23 “On the Judicial Decision”).
In the operative part of the decision, the court indicates the distribution of legal costs between the parties, and these instructions should also logically follow from the conclusions of the reasoning part. The procedure for appealing the decision is also indicated here.
8. The commented article contains only General requirements to the content of the operative part of the decision. Depending on the characteristics of certain categories of civil cases, the operative part of the decision may also contain additional instructions (see commentary to Articles 204 - 207 of the Code of Civil Procedure). Explanations of the specifics of the presentation of the operative part of decisions, depending on the nature of the cases resolved by them, are also given in the decisions of the Plenum of the Supreme Court of the Russian Federation.
Thus, the Plenum of the Supreme Court of the Russian Federation in paragraph 12 of the resolution “On the Judicial Decision” drew attention to the peculiarity of the operative part of decisions, which, in a claim for recognition, resolve the issue of the presence or absence of a particular legal relationship. When satisfying such a claim, the court is obliged, if necessary, to indicate in the operative part of the decision the legal consequences that such recognition entails (for example, the annulment of the marriage registration certificate if it is declared invalid, etc.).
9. If, when making a decision, the court comes to the conclusion that, with regard to the claims, the proceedings in the case must be terminated or the application must be left without consideration (Articles 220, 222 of the Code of Civil Procedure), it does not have the right to include conclusions about this in the operative part of the decision.
In this case, in addition to the decision, the court is obliged to issue a ruling, setting out the relevant conclusions (clause 13 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the Judicial Decision”).
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Article 194. Adoption of a court decision.
1.
The decision of the court of first instance, which resolves the case on its merits, is adopted in the name of the Russian Federation in the form of a court decision.
2.
The court decision is made in a deliberation room, where only the judge hearing the case or judges who are members of the court in the case can be present. The presence of other persons in the deliberation room is not permitted.
3.
The meeting of judges takes place in the manner prescribed by Article 15 of this Code. Judges cannot disclose opinions expressed during the meeting.
Article 195. Legality and validity of the court decision.
1.
The court's decision must be legal and justified.
2.
The court bases its decision only on the evidence that was examined at the trial.
Article 196. Issues resolved when making a court decision.
1.
When making a decision, the court evaluates the evidence, determines which circumstances relevant to the consideration of the case have been established and which circumstances have not been established, what the legal relations of the parties are, what law should be applied in this case and whether the claim is subject to satisfaction.
2.
The court, having recognized the need to clarify new circumstances relevant to the consideration of the case, or to examine new evidence, makes a ruling on the renewal judicial trial. After the consideration of the case on its merits, the court again hears the judicial debate.
3.
The court makes a decision on the claims made by the plaintiff. However, the court may go beyond the stated requirements in cases provided for federal law.
Article 197. Statement of the court decision.
1.
The court's decision is set out in writing the presiding judge or one of the judges.
2.
The court decision is signed by a judge when he is considering a case individually or by all judges when considering a case collectively, including the judge who has a dissenting opinion. Corrections made to the court decision must be certified by the signatures of the judges.
Article 198. Contents of the court decision.
1.
The court decision consists of introductory, descriptive, motivational and operative parts.
2.
The introductory part of the court decision must indicate the date and place of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim.
3.
The descriptive part of the court decision must contain an indication of the plaintiff’s claim, the defendant’s objections and explanations of other persons participating in the case.
4.
The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.
If the defendant recognizes the claim, the reasoning part of the court decision may only indicate the recognition of the claim and its acceptance by the court.
In case of refusal of a claim due to the recognition of unjustified reasons for missing the limitation period or the deadline for filing a lawsuit, the reasoning part of the court decision indicates only the court's establishment of these circumstances.
5.
The operative part of the court decision must contain the court's conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of legal costs, the deadline and procedure for appealing the court decision.
Article 199. Drawing up a reasoned court decision.
The court's decision is made immediately after the hearing of the case. The preparation of a reasoned court decision may be postponed for a period of no more than five days from the date of completion of the trial of the case, but the operative part of the decision must be announced by the court at the same court session in which the trial of the case ended. The announced operative part of the court decision must be signed by all judges and attached to the case.
Article 200. Correction of typos and obvious arithmetic errors in a court decision.
1.
After the decision is announced, the court that made the decision on the case does not have the right to cancel or change it.
2.
The court may, on its own initiative or at the request of the persons participating in the case, correct clerical errors or obvious arithmetic errors made in the court decision. The issue of making corrections to the court decision is considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to resolving the issue of making corrections to the court decision.
3.
A private complaint may be filed against a court ruling to amend a court decision.
Article 201. Additional court decision.
1.
The court that made the decision on the case may, on its own initiative or at the request of the persons participating in the case, make an additional court decision if:
1) on any claim for which the persons participating in the case presented evidence and gave explanations, a court decision was not made;
2) the court, having resolved the issue of law, did not indicate the amount of the awarded amount, the property to be transferred, or the actions that the defendant is obliged to perform;
3) the court has not resolved the issue of legal costs.
2.
The issue of adopting an additional court decision may be raised before the court decision enters into legal force. An additional decision is made by the court after consideration of the specified issue in a court hearing and can be appealed. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue of making an additional court decision.
3.
A private complaint may be filed against a court ruling to refuse to make an additional court decision.
Article 202. Explanation of the court decision.
1.
If the decision is unclear, the court that adopted it, at the request of the persons participating in the case, the bailiff, has the right to explain the court decision without changing its content. An explanation of a court decision is allowed if it has not been enforced and the period during which the court decision can be enforced has not expired.
2.
The issue of clarification of the court decision is considered at the court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue of clarification of the court decision.
3.
A private complaint may be filed against a court ruling to clarify the court decision.
Article 203. Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision.
1.
The court that heard the case, upon applications of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution.
2.
The applications specified in part one of this article are considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court.
3.
A private complaint may be filed against a court ruling to defer or install the execution of a court decision, or to change the method and procedure for its execution.
Article 204. Determination of the procedure and deadline for the execution of a court decision, ensuring its execution.
If the court establishes a certain procedure and deadline for the execution of a court decision, calls the court decision for immediate execution or takes measures to ensure its execution, this is indicated in the operative part of the court decision.
Article 205. Court decision on the award of property or its value.
When awarding property in kind, the court indicates in the court decision the value of this property, which must be recovered from the defendant if, upon execution of the court decision, the awarded property is not available.
Article 206. Court decision obliging the defendant to perform certain actions.
1.
When making a court decision obliging the defendant to perform certain actions not related to the transfer of property or sums of money, the court in the same decision may indicate that if the defendant does not comply with the decision within a specified period, the plaintiff has the right to perform these actions at the expense of the defendant with recovery from him the necessary expenses.
2.
If the specified actions can only be performed by the defendant, the court establishes in the decision the period during which the court decision must be executed. A court decision obliging an organization or collegial body to take certain actions (execute a court decision) not related to the transfer of property or sums of money is executed by its head within a specified period. In case of non-execution of the decision without good reason, the court that made the decision or the bailiff shall apply measures provided for by federal law against the head of the organization or the head of the collegial body.
Article 207. Court decision in favor of several plaintiffs or against several defendants.
1.
When a court decision is made in favor of several plaintiffs, the court indicates in what share it applies to each of them, or indicates that the right of recovery is joint and several.
2.
When making a court decision against several defendants, the court indicates in what share each of the defendants must fulfill the court decision, or indicates that their liability is joint and several.
Article 208. Indexation of awarded amounts of money.
On the constitutional and legal meaning of the provisions of part one of Article 208 of this Code, see Determination of the Constitutional Court of the Russian Federation of March 20, 2008 N 244-O-P.
1.
At the request of the claimant or debtor, the court that examined the case may index the amounts of money collected by the court on the day of execution of the court decision.
2.
The application is considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to resolving the issue of indexation of the awarded sums of money.
3.
A private complaint may be filed against a court ruling on indexation of awarded sums of money.
Article 209. Entry into legal force of court decisions.
1.
Court decisions come into force after the expiration of the period for appeal or cassation appeal, if they have not been appealed.
In case of filing appeal The decision of the magistrate comes into force after the district court considers this complaint, unless the appealed court decision is cancelled. If the decision of the district court cancels or changes the decision of the magistrate and a new decision is made, it comes into force immediately.
In case of filing cassation appeal The court decision, if it is not cancelled, comes into force after the case is considered by the cassation court.
2.
After the court decision has entered into legal force, the parties, other persons participating in the case, and their legal successors cannot again file the same claims in court on the same basis, or challenge them on another basis. civil process facts and legal relations established by the court.
3.
If, after the entry into force of a court decision on the basis of which periodic payments are collected from the defendant, circumstances affecting the determination of the amount of payments or their duration change, each party, by filing a new claim, has the right to demand a change in the amount and timing of payments.
Article 210. Execution of a court decision.
A court decision is enforced after it enters into legal force, with the exception of cases of immediate execution, in the manner established by federal law.
Article 211. Court decisions subject to immediate execution.
Subject to immediate execution court order or a court decision on:
collection of alimony;
payment to the employee wages during three months;
reinstatement at work;
inclusion of a citizen of the Russian Federation in the list of voters and referendum participants.
Article 212. The right of the court to apply the decision to immediate execution.
1.
The court may, at the request of the plaintiff, enforce the decision immediately if, due to special circumstances, delaying its execution may lead to significant damage to the claimant or execution may be impossible. If it is assumed that the decision will be immediately executed, the court may require the plaintiff to ensure that its execution is reversed in the event that the court decision is overturned. The issue of immediate execution of a court decision may be considered simultaneously with the adoption of the court decision.
2.
The issue of allowing immediate execution of a court decision is resolved at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to resolving the issue of immediate execution of the court decision.
3.
A private complaint may be filed against a court ruling on the immediate execution of a court decision. Filing a private complaint against a ruling on the immediate execution of a court decision does not suspend the execution of this ruling.
Article 213. Ensuring the execution of a court decision.
The court may ensure the execution of a court decision that is not subject to immediate execution according to the rules established by Chapter 13 of this Code.
Article 214. Sending copies of the court decision to persons participating in the case.
To persons participating in the case, but not present at the court hearing, copies of the court decision are sent no later than five days from the date of adoption of the court decision in final form.
1. The decision of the court of first instance, which resolves the case on its merits, is adopted in the name of the Russian Federation in the form of a court decision.
2. The court decision is made in a deliberation room, where only the judge considering the case or the judges who are members of the court in the case can be present. The presence of other persons in the deliberation room is not permitted.
3. The meeting of judges takes place in the manner prescribed by Article 15 of this Code. Judges cannot disclose opinions expressed during the meeting.
4. Judge with a dissenting opinion on the decision taken, within no more than five days from the date of the court’s decision, has the right to express a dissenting opinion in writing. When expressing his dissenting opinion, the judge does not have the right to indicate in it information about the judgments that took place during the discussion and decision-making, about the position of individual judges who were members of the court, or in any other way reveal the secret of the meeting of judges. The judge's dissenting opinion is attached to the decision made.
Commentary on Article 194 of the Civil Procedure Code of the Russian Federation
1. Part 1 of the commented article contains the legal definition of a court decision. The decision of the court of first instance, which resolves the case on its merits, is adopted in the name of the Russian Federation in the form of a court decision.
A judicial decision is an act of implementation judiciary. This act finally resolves the issue of protecting and defending the rights and legitimate interests of citizens or organizations.
The decision contains the final conclusion of the court on the application of a certain rule or rules to a specific case.
A court decision is a decision made in the name of the state regarding the substance of the dispute between the parties in a lawsuit, as well as regarding the object of the process in a case of special proceedings or in a case arising from public legal relations.
By its decision, the court restores the rights of the plaintiff violated by the defendant or rejects his unfounded demands, thereby protecting the rights of the defendant. IN in some cases a court decision eliminates ambiguity in the content or the very fact of the existence of a controversial material legal relationship. In addition, the preventive and educational functions of civil procedural law are manifested in the judicial decision.
The decision, proclaimed in the name of the Russian Federation, gives the court's conclusion an authoritative, indisputable and generally binding character (the legal force of the court decision).
Violation of a court order may result in:
- enforcement;
- administrative or criminal punishment;
- recovery of losses.
2. Legal force judicial decision - a property of a judicial decision, which consists in its bindingness for persons participating in the case, for other citizens and organizations, as well as for the court that issued it.
The legal force of a court decision is manifested in a number of legal properties:
- irrefutability;
- exclusivity;
- obligatory;
- prejudice;
- feasibility.
The property of irrefutability is the inadmissibility of appealing and protesting a court decision that has entered into legal force. However, it is possible to revise a decision that has entered into legal force by way of supervision or due to newly discovered circumstances.
The property of the exclusivity of a court decision is the inadmissibility of initiating, prosecuting and resolving a case by a court on a secondly filed claim, identical to the original one, the dispute over which has already been resolved.
The property of bindingness consists in strict compliance with the decision by all bodies, organizations, officials and citizens.
The property of prejudice is that the circumstances established by a court decision that has entered into legal force in a previously considered case are binding on the court and other participants in the process.
The property of enforceability means that a court decision made and entered into legal force is binding. Certain court decisions are subject to immediate execution (Articles 211, 212 of the Code of Civil Procedure of the Russian Federation).
A decision not executed voluntarily may be enforced. This property allows you to implement final goal process - to actually protect the violated or disputed rights and legitimate interests of the subjects of a controversial legal relationship.
3. The legal force of a court decision has its objective and subjective limits. Objective limits are limited by legal relations and facts established by the court when resolving the case. The legal force of a court decision does not apply to other legal relations between the same persons.
Considering the objective limits of the validity of a court decision, it should be noted that it can only be made regarding certain material and legal relations, claims, and factual circumstances. In other words, a court decision can and should confirm only those legal relations and facts that were the subject of consideration by the court in this case, and the requirement expressed in the court decision must follow directly from these legal relations and facts confirmed by the court.
The subjective limits of the legal force of a court decision are determined by the circle of persons participating in the case, involved in the process by the court or who entered it on their own initiative. Legal force extends to these persons and their successors.
4. The legislation distinguishes three types of decisions depending on the authorized entity:
1) the decision of the magistrate;
2) solutions federal court first instance;
3) appeal decision.
In addition, the following types of solutions are also distinguished:
1) ordinary (basic);
2) correspondence;
3) additional.
The usual (basic) solution is judicial act, by which the case is resolved on the merits in the court of first instance and which fully meets the requirements set by law for this kind of court rulings(for more information about this, see Articles 195, 198 of the Code of Civil Procedure of the Russian Federation and the commentary thereto).
A default judgment is an act taken in the absence of at least one of the parties. In accordance with the Code of Civil Procedure of the Russian Federation, a decision in absentia is understood as a decision made by the court in the absence of the defendant, who was duly notified of the time and place of the court hearing of the case, but did not appear and did not submit a written request to consider the case in his absence (for more details, see Art. Art. 235, 244 Code of Civil Procedure of the Russian Federation and commentary thereto).
An additional decision is a decision made by the court to fill in the gaps of the main decision. The court that made the decision on the case may, on its own initiative or at the request of the persons participating in the case, make an additional decision if:
- on any requirement for which the persons participating in the case presented evidence and gave explanations, a court decision was not made;
- having resolved the issue of law, the court did not indicate the amount of the awarded amount, the property to be transferred, or the actions that the defendant is obliged to perform; The issue of legal costs has not been resolved (see also Article 201 of the Code of Civil Procedure of the Russian Federation and the commentary thereto).
5. The adoption of a court decision ends the proceedings in the court of first instance. After hearing the arguments and in the absence of grounds to resume consideration of the case on the merits, the court in accordance with Art. 192 of the Code of Civil Procedure of the Russian Federation is removed to the deliberation room to make a decision.
Issues resolved by the court when making a decision are enshrined in Art. 196 Code of Civil Procedure of the Russian Federation.
The procedural law requires the court to make a decision only in a separate room, which provides the court with the opportunity to resolve issues in the case without any outside interference.
Violation of the secrecy of a meeting of judges is an absolute basis for the cancellation of a decision by a higher court (see Articles 330, 364 and 387 of the Code of Civil Procedure of the Russian Federation).
6. By general rule Cases in the courts of first instance are considered by judges alone. In cases provided for by federal law, during a collegial consideration of the case by three professional judges (Part 1 of Article 14 of the Code of Civil Procedure of the Russian Federation), the judicial decision is made by a majority vote.
The procedure for voting and decision-making by a court acting in a collegial composition is enshrined in Art. 15 Code of Civil Procedure of the Russian Federation. None of the judges can abstain from voting. The presiding officer votes last to avoid the possibility of putting pressure on the positions of other judges participating in the vote. A judge who does not agree with the opinion of the majority may express a dissenting opinion in writing, which is attached to the case, but is not announced when the court decision is made in the case.
The Code of Civil Procedure of the Russian Federation establishes the duty of judges to not disclose opinions expressed during a meeting when making a judicial decision.
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