The court decision is the final document of the consideration of the case. It must objectively, reliably, fully reflect the arguments of the plaintiff, the objections of the defendant, their assessment by the court, the reasons for accepting or rejecting such arguments. Any solution consists of the following parts:
Instructions
Step 1
The introductory part of the decision consists of: the date of the announcement of the operative part, the date of making the decision in a reasoned form (this date cannot be later than five working days after the announcement), the place of adoption, the number of the case on which the judicial act is issued, the name of the court and the surname of the judge, and also that the decision was made in the name of the Russian Federation. Here they also indicate the attendance of the parties.
Step 2
The descriptive part contains a list of the factual circumstances of the case, a statement of the position of the plaintiff and the defendant. All requirements, evidence and explanations of the plaintiff, set out in the statement of claim, the minutes of the court session, must be reflected here. The defendant's objections are recorded in the response to the claim, in written and oral explanations. The narrative begins with the words: the court has established.
Step 3
In the reasoning part, the court assesses the circumstances, arguments of the parties, indicates the norms of the law, which are guided by when making a decision.
Step 4
The operative part contains information about what exactly the court decided, that is: to collect funds, oblige to perform certain actions, etc. For each claim of the plaintiff, it should be indicated whether it is satisfied or denied. The meaning should be clear, exclude double interpretation in the execution of the decision. It also indicates the distribution of court costs between the parties, that is, from whom and in what amount the state duty and other costs were collected.
Step 5
In conclusion - information about the date of entry into force of this act and the procedure for its appeal.
