LawState and Law

Court ruling

The decision of the court of first instance is an act that is issued by the said judicial body on issues formed during the civil proceedings. In this form, all judicial decisions are taken, by which the matter is in fact not resolved. The court 's decision reflects its diverse managerial activities.

This kind of resolution resolves the application for the execution and recognition of foreign arbitration judicial bodies, challenging their decisions, and issuing executive acts on enforcement of decisions made by arbitral tribunals.

The above decisions are made in the advisory room in accordance with the established procedure.

The definition of the arbitral tribunal has in its content a descriptive, introductory, motivational, as well as resolutive parts.

In accordance with the content distinguish precautionary, preparatory, final decisions.

The preparatory definition of the court allows procedural issues that facilitate the normal movement or development of the case, providing a solution that meets all the requirements of the parties. Such an order is the appointment of an examination, the demand for evidence, the involvement of stakeholders in the process, and so on. The purpose of such decisions is to create the necessary conditions for the provision of legal protection at the first hearing.

The prescient definition of the court prevents further movement or initiation of the case. Such decisions include refusals to accept an application, order to leave without motion or to review an application, to return it, or to stop legal proceedings due to the lack of the right to appeal to the plaintiff from the court.

The final ruling of the court ends the proceedings. The reason in this case is not the absence of the right to apply to the instance from the plaintiff, but the will of the parties. At the same time, the termination of office work is carried out not in spite of, but in accordance with the will of the participants in the process. The will can express itself in the form of the refusal of the plaintiff from the statement of claim, the conclusion of an amicable agreement and other things.

Private judicial definitions are procedural means of judicial response to violations in the legality of certain officials or citizens revealed during the course of a case, significant shortcomings in the functioning of public organizations, associations, institutions, enterprises. Such a decision is made in accordance with the judicial initiative on the basis of the established circumstances of the case, apart from the decision, but at the same time as it.

The announcement of the definitions is carried out in the meeting room. The participants of the proceedings, who did not appear in the courtroom, copies of the resolution on termination or suspension of the review process or on leaving applications without consideration are sent no later than three days from the date of its issuance.

In cases where there is a need for additional investigations in the process of the court hearing or the continuation of clarification of the circumstances significant for the case management, the judicial authority shall issue a resolution on the resumption of the proceedings in the case.

The definition, as opposed to the decision (the final document), contains judgments on individual issues that are formed during the consideration of the dispute. For example, this concerns the adjournment of consideration, suspension, abandonment of an application without motion, termination of office work. The determination by a court of a determination is made in the form of a separate independent act or a protocol decision in writing.

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