A court decision is a written act of a court or a judge in a specific case, which expresses his authoritative judgment in resolving disputes between the parties. Its structure is presented by introductory, descriptive, motivating and operative parts.
The structure of the court decision
The court in the introductory part of the act shall indicate the date and place of the decision, the name of this judicial body, the composition of the court, the secretary of the court session, the plaintiff and the defendant, other persons involved in the case, representatives of the parties, if any, the subject of the dispute or the claim filed by the plaintiff.
The descriptive part of the judicial act consists of an indication of the stated claims of the plaintiff, an objection to these claims emanating from the defendant, as well as explanations of other persons who take part in this case.
The motivation part includes a statement of all the circumstances in this case, established by the court; evidence serving as the basis for the conclusions of the court regarding these circumstances; the arguments given by the court when any evidence is rejected; laws referred to by the court when resolving a dispute.
The most important for both the plaintiff and the defendant is the operative part of the court decision. 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 operative part, the judge also distributes the court costs, taking into account the one in whose favor the decision was made, the term and procedure for appealing this judicial act are indicated. As an example, the following operative part of the court decision can be cited: “On the basis of the above and guided by Articles 194-198, 441 of the Code of Civil Procedure of the Russian Federation, the court decided to satisfy Ivan Ivanovich Ivanov's application to challenge the decision of the bailiff, postpone the enforcement actions and apply enforcement measures, to refuse granting an adjournment of execution ….
Requirements for a court decision
The court makes only a reasoned and lawful decision. The main requirements for him: clarity and transparency of the presentation, the absence of ambiguous phrases, consideration of the case taking into account all possible circumstances, the unconditionality of the operative part.
If there are errors in the court decision, the law provides for the possibility of correcting them by supplementing the decision, clarifying it, making corrections while preserving the meaning. However, it is possible to make corrections to the solution only in limited cases.
After a judicial act on a specific case has entered into force, it becomes binding on all participants in the case, exclusive and prejudicial.
