On the merits of the dispute, each of the courts makes its own decision. It should be designed in the form of several blocks that have their own purpose. Knowing the structure of the decision, one can correctly apply it in practice, or build a verified legal position at the stage of appeal.
What is a judgment
A court decision must be understood as a procedural act, which contains the will of the court regarding the subject of the dispute. Depending on the jurisdiction of the court and instance, decisions are distinguished in the form of a determination, a ruling or a sentence. The decision of the court may relate not only to the commission by the obliged party in favor of the plaintiff of any actions, but also to the emergence of new rights and obligations. For example, on the basis of a court decision, the ownership of a particular property is recognized.
From the moment the court decision comes into legal force, it becomes binding on the entire territory of the country.
What does the court decision consist of?
As a rule, a court decision is divided into 4 semantic parts. The state emblem is placed at the very top of the decision. This is followed by the title of the document. After that, the name of the court, the date and place of the decision, and the number of the case are indicated.
Further in the text there should be 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 regarding the subject of the dispute.
This is followed by the introductory part of the decision, which describes the content of the claims and objections of the opponent. If, in the course of the consideration of the case, the plaintiff somehow changed his claims, then this circumstance is also reflected in the introductory part.
The bulk of the court decision falls on the reasoning part. It contains the legal position of the court regarding the stated claims. It is formed both on the basis of legislative norms and taking into account explanations and other evidence provided by the parties during the consideration of the case.
The final part of the court decision is the operative part. It contains a clear court verdict on the essence of the dispute. Thus, the court has the right to satisfy the claim in whole or in part, as well as to refuse to satisfy the stated requirements. In addition, in the operative part, the court decides on the distribution of court costs between the parties. At the end of the operative part of the decision, the procedure and terms for its appeal must be given.
The decision of the court must be signed by the judge and the secretary of the court session and sealed. Also, if necessary, the decision indicates when its full text or motivation part was made. These dates are important in determining the correct time frame for a subsequent appeal of the decision.
