Tip 1: What does the court decision look like?
Tip 1: What does the court decision look like?
In essence, each of the courtsdecision. It should be designed in the form of several blocks that have their purpose. Knowing the structure of the solution, you can apply it correctly in practice or build an adjusted legal position at the stage of appeal.
What is a court decision?
Under the court decision it is necessary to understandprocedural act, which contains the will of the court regarding the subject of the dispute. Depending on the jurisdiction, the courts and instances distinguish between decisions in the form of a ruling, ruling or sentence. The court's decision may concern not only the commission by the obligated party in favor of the plaintiff of any actions, but also the emergence of new rights and obligations. For example, on the basis of a court decision, the ownership of a property is recognized. Since the entry of the court decision into legal force, it becomes mandatory for execution throughout the country.What does the court decision consist of?
As a rule, the court decision is divided into 4semantic parts. At the very top of the decision, the state emblem is placed. Then the name of the document follows. After that, the name of the court, the date and place of the decision, and the case number are indicated. Further, the text should include an introductory part of the decision, which contains information about the composition of the court and other persons participating in the case, as well as information on the subject of the dispute. After this, the introductory part of the decision follows, which describes the content of claims and objections of the opponent. If in the course of consideration of the case the plaintiff has somehow changed his claim, this circumstance is also reflected in the introductory part. The main volume of the court decision falls on the reasoning part. It contains the legal position of the court regarding the claimed claims. It is formed both on the basis of legislative norms, and taking into account the explanations and other evidence provided by the parties in the course of the case. The final part of the judgment is completed. It contains a clear verdict of the court as to the nature of the dispute. So, the court is entitled to satisfy the claim in full or in part, as well as to refuse to satisfy the claimed requirements. In addition, in the resultant part, the court decides on the distribution of court costs between the parties. At the end of the decision-making part of the decision, the order and terms of its appeal should be given. The decision of the court must be signed by the judge and secretary of the court session and sealed. Also, if necessary, the decision indicates when the full text or the motivation part was made. These dates are important for the correct timing of the subsequent appeal of the decision.Tip 2: What does the judicial practice in the Russian Federation look like?
Judicial practice is formed from decisions of courts onThis or that case. It is recorded in various collections and is an additional source of law in countries with a Romano-German legal system. In other words, judicial practice is the experience and knowledge accumulated by experts in the field of law.
Instructions
1
Judicial practice in Russia has a complexstructure and corresponds to one or another law enforcement area of human activity. A major role is played by the section of civil law, where the decisions of the RF courts on various labor and housing disputes are collected. The decisions of organizations and enterprises on the protection of consumers' rights are considered. Information on cases related to pension and tax legislation is contained. Equally important in the judicial practice are proceedings related to administrative violations in the field of traffic, the protection of state borders; data on all criminal trials are collected.
2
Every trial in the framework oflegal framework is considered in several stages. Initially, preliminary analysis of the documentation on the proceedings is conducted, explanations are analyzed on the prospects for the development of the case and resolution of the dispute, the actions of participants in various instances are recorded.
3
During the process, theThe possibility of applying one or another legal act to the case, as well as considering the advisability of using a similar precedent, which had previously occurred in judicial practice. If the application is possible, in making the verdict, the court will take into account all the collected data and base its decision on the collected documentation.
4
The use of judicial practice is not necessary, butwhen considering each case separately, the court must establish the expediency of its application. Otherwise, first of all, only legislative norms are used, and references to certain precedents in this case become impossible and will have only recommendatory character.
Tip 3: How to get a court decision
The consideration of the case by the court is completed, as a rule,a decision in the receipt of which the persons involved in the case are interested: the parties and third parties. How to get a copy of the judgment?
You will need
- - passport;
- - power of attorney for a representative.
Instructions
1
After the judgment, the operativethe part of which is announced in the court session, the judge informs the persons present when they can receive a copy of the decision. In accordance with Article 199 of the Civil Procedure Code (CCP RF) and Article 176 of the Arbitration Procedure Code (AIC RF), decision In the final form must be made within 5 days from the day when the case was completed.
2
After the period indicated by the court, you will appear in the office court, Which dealt with the case, with a passport. Call the forensic case number of the case and say, in what capacity did you participate in it. In confirmation of delivery of a copy of the judgment you will need to sign.
3
A copy of the judgment can be obtained throughAuthorized representative. He will need to perform the same actions as specified in paragraph 2, however, in addition to the passport, the representative should have a power of attorney duly executed.
4
In accordance with Article 214 of the Civil Procedure Code of the Russian Federation, those who participated in the case but did not attend the court session, a copy of the decision of the district court, The magistrate is sent by mail. This must be done within 5 days after the judicial decision Taken in the final form.
5
In accordance with Article 177 of the Code of Arbitration Procedure of the Russian Federation, if you have not received a copy of the arbitration award court under the receipt, it will be sent to you by mail also within 5 days by registered mail with the receipt of the receipt.
Council 4: How to appeal the decision of the Supreme Court
In case of disagreement with the sentence Decision or the appellate definition of the supreme court You have the right to appeal its decision. To do this, write a cassation appeal. Execute it, guided by articles 376, 377, 378 of the Civil Procedure Code of the Russian Federation. Appeal to the cassation instance is possible within six months of the entry into legal force of the court decision.
You will need
- - The Civil Procedure Code of the Russian Federation;
- - personal data of the plaintiff and the defendant;
- - decision or ruling of the court, which is subject to appeal;
- - receipt of payment of state duty.
Instructions
1
Write a cassation appeal if you decideappeal the appellate ruling, the decision of the Supreme Court of the Republic or another decision that is subject to appeal to the cassation instance prescribed in Article 377 of the Code of Civil Procedure of the Russian Federation.
2
In the upper right corner, enter the name of the court,in which you want to file a complaint. Accordingly, it will be the Supreme Court of the Russian Federation. Then write the full address of the cassation instance. Specify the defendant's personal data, his permanent residence address. Enter the surname, first name, patronymic of the plaintiff, the address of his registration.
3
In the middle, specify the title of the document with capital lettersletters. Then enter the date and the name of the judicial body, the decision or determination of which you will appeal. Write the case number, which was reviewed by the court and on which the decision was made.
4
In the narrative of the cassation appealWrite down the essence of the case, considered by the court. Then, referring to the legislative acts, in the reasoning part, write the reasons and reasons for which you do not agree with the decision or determination made.
5
In the pleading part of the complaint, write that you are asking to revoke the ruling or the ruling of the court, to pass a new resolution, and to withdraw the claim that the plaintiff declared.
6
Write down a list of evidence thatAre attached to the complaint. These include the decision or ruling of the court that you appeal, a receipt for payment of the state fee, the amount of which is established by law. Make as many copies of the cassation complaint, how many people are involved in the case. Put your signature, the date of the document, the name, initials.
7
In cassation you can not appealDecisions of the Supreme Court of the Russian Federation, decisions that did not pass the appellate stage, judicial determinations and decisions of magistrates. You can not file a cassation appeal if an appeal by the district court is made. This is enshrined in Article 377 of the Code of Civil Procedure of the Russian Federation.
8
Write a supervisory complaint if it is renderedDetermination or decision by the Supreme Court of the Republic in order to appeal the decision of a lower judicial body, for example, a city or district court. Submit a compiled document signed by the applicant with the attached evidence to the Presidium of the Supreme Court of the Russian Federation.
