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Judgment in procedural law

Perhaps you have repeatedly faced with the need to resolve a dispute in the courts, whether it is the dissolution of marriage, the recovery of damage caused by an accident, or something else, you can continue indefinitely. There can be a huge number of options, but the essence of this does not change. The point in resolving the dispute is a court decision.

Procedure for Appealing to the Court

For the decision of the latter, it is necessary to apply to the court with a statement of claim indicating the parties to the case. You also need to clearly formulate your requirements, bring the facts you rely on, justify your demands, attach the necessary evidence, copies of case materials by the number of parties, etc.

The judgment can be rendered in the form of:

  • solutions;
  • Definitions;
  • Ordinances.

The trial in essence of the dispute ends in a resolution of the decision. Definitions and decisions are passed by the judge on other procedural issues.

The trial of civil cases takes place according to the norms established by the procedural legislation. Any violation can serve as a basis for appeal and cancellation of the decision in the appellate or cassation order.

A court decision can be quashed by a higher court if, at the time of the latter's decision, your rights have been violated by the court.

Contents of the court decision

The content of the court decision is strictly regulated by the civil procedural code and must have an introductory, descriptive and motivating part.

The court decision is announced at the court session, under the sound recording. If only the operative part is to be decided, it is necessary to stipulate the time when the parties can receive its full text.

Appeal procedure

A court decision may be appealed against by filing an appeal (cassation) complaint within the deadlines set by the CCP. In case of missing the latter for the reason recognized by the court as valid, the court can restore it by its determination .

The record of the trial in the criminal case, as well as in the civil case, is recorded in the form of a sound recording. In the case, a printout stating the timing and a disc with a record is attached.

The parties in the case, as well as the prosecutor, legal representatives of the parties (in the presence of a power of attorney) can receive a copy of it, having paid a preliminary fee. Its size is established by the Law. Also, having paid the court fee, the party to the case or its representative may receive a copy of the judgment again.

In the event that the court has made mistakes in the resolution of the decision or arithmetical errors, the decision on making corrections is decided. To do this, you need to apply to the court with the appropriate application. The absence of parties at the court session can not be an obstacle to the consideration of this case.

An additional court decision may resolve issues that for some reason were not reflected in the main court decision.

The court decision comes into force after the expiration of the term for appellate appeal.

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