What parts of the court decision consists of
What parts of the court decision consists of
A court decision is a written actcourt or judge in a particular case, which expresses his authoritative judgment on the resolution of disputes between the parties. Its structure is represented by introductory, descriptive, motivational and resolutive parts.
Structure of the court decision
The court introduces the date andthe place of the decision, the name of this court, the composition of the court, the clerk of the court session, the plaintiff and the respondent, other parties involved in the case, representatives of the parties, if any, the subject of the dispute or the claim stated by the plaintiff. The descriptive part of the judicial act consists of an indication of the claimed claims of the plaintiff , an objection to these claims arising from the defendant, as well as explanations of other persons who participate in this case. The reasoning part includes a statement of all the circumstances in this case, established by the court; evidence that serves as a basis for the court's findings on these circumstances; arguments brought by the court in rejecting any evidence; laws referred to by the court in resolving the dispute. The most important for both the plaintiff and the defendant is the operative part of the judgment. In it, the judge sets out his conclusions regarding the dispute that has arisen and makes a reasoned decision to satisfy the claim or to refuse to satisfy it. In the resolutive part, the judge also allocates court expenses, taking into account the beneficiaries of the decision, the time and procedure for appealing this judicial act. As an example, the following resolutory part of the court decision can be cited: "Based on the foregoing, and guided by articles 194-198, 441 of the CCP RF, the court decided to satisfy Ivan Ivanov's application to challenge the decision of the bailiff, postpone execution of actions and enforcement measures, granting the postponement of execution to refuse ... ". Requirements to the court decision
The court shall render only justified and lawfuldecision. The main requirements for it: clarity and transparency of the presentation, the absence of ambiguous phrases, the consideration of the case taking into account all possible circumstances, the unconditional resolution. If there are errors in the judicial decision, the law provides for the possibility of correcting them by supplementing the decision, clarifying it, making corrections, preserving the meaning. At the same time, it is possible to correct the decision only in limited cases. After the judicial act on a concrete case has come into force, it becomes mandatory for all participants of the case, exclusive and prejudicial.
