The court decision does not contain a final part. What parts does a court decision consist of?

During civil proceedings, various procedural decisions are made.

Judgment- a decision of the court of first instance, which resolves the case on its merits. The court's decision is made in the deliberation room.

The court decision consists of introductory, descriptive, motivational and operative parts.

IN introductory part the date and place of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim are indicated.

Descriptive part The court decision contains an indication of the plaintiff’s demand, the defendant’s objections and explanations of other persons participating in the case.

IN motivational part the circumstances of the case established by the court are indicated; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.

The operative part The court decision contains the court's conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of legal costs, the deadline and procedure for appealing the court decision.

Judicial determination– judicial decisions of the court of first instance, which do not resolve the case on its merits.

Court rulings are made in the deliberation room, and when resolving simple issues, the court or judge can make rulings without retiring to the deliberation room. Such determinations are recorded in the minutes of the court session.

Court rulings are announced immediately after they are made.

The court ruling must indicate:

1) date and place of the ruling;

2) the name of the court that issued the ruling, the composition of the court and the secretary of the court session;

3) persons participating in the case, the subject of the dispute or the stated claim;

4) the issue on which the ruling is being made;

5) the reasons why the court came to its conclusions and a reference to the laws that guided the court;

6) the procedure and deadline for appealing the court ruling, if it is subject to appeal. Court order– a law enforcement act in the form of a judge’s ruling issued at the request of a creditor to collect sums of money or to recover movable property from the debtor.

The court order states: 1) production number and date of the order;

2) the name of the court, surname and initials of the judge who issued the order;

3) name, place of residence or location of the claimant;

4) name, place of residence or location of the debtor;

5) the law on the basis of which the claim was satisfied;

6) the amount of money to be recovered, or the designation of movable property to be recovered, indicating its value;

7) the amount of the penalty, if its collection is provided for by federal law or agreement, as well as the amount of penalties, if any are due;

8) the amount of state duty to be collected from the debtor in favor of the claimant or in the income of the corresponding budget.

In accordance with the law, the court decision is stated in writing by the presiding judge or one of the judges, if the case was considered

collegiately. In this case, each of the judges has the right to a separate opinion. Due to the fact that a judicial decision is the most important act of justice, the law prescribes compliance with special requirements for its content and presentation. It must contain clear, competent, legally correct formulations and not allow unclear, complex expressions, judgments or phrases in the text that make it difficult to correctly perceive it.

A judgment is usually drawn up in handwritten form, which is usually seen as an indicator of compliance with it by those who made it. However, the possibility of producing a solution using technical means (typewriter, computer) is not excluded.

The structure and content of a court decision are quite clearly regulated by law. Article 197 of the Code of Civil Procedure indicates those details and information that must be present in the text of the decision.

The court decision consists of four parts, set out in a strict sequence: introductory, descriptive, motivating and operative.

The introductory part of the court decision must contain an indication of the time the decision was made, i.e. the day on which the decision was signed is indicated. When making the operative part of a decision (Article 203 of the Code of Civil Procedure), the day of the decision, which was subsequently given its final form, is considered the day of signing its operative part. The place where the court decision is made is determined by the location of the court hearing. Further in the text of the introductory part follows the name of the court that made the decision, its composition (surnames and initials of the judges), information about the secretary, the prosecutor, if he participated in the process, about the representatives of the parties (lawyers). The case that was considered in court, as well as the persons whose dispute was resolved by the court, are indicated. If the claim was brought by a prosecutor or a government agency, then the persons in whose interests the claim was brought are indicated. If third parties participate in the case, information about them is included in the text of the decision.

The descriptive part of the court decision must contain a statement of the claims, as well as the circumstances confirming these claims. It reflects the position of the defendant. If there is an objection on his part, the reasons for not recognizing the claim are briefly stated. If the plaintiff has changed the subject or grounds of the claim, increased or decreased the amount of the claim, this is also indicated in the descriptive part of the decision. Similar requirements apply to the description of the counterclaim, if it was presented and accepted by the court for consideration at a given court hearing.

The circumstances cited by the parties and other persons participating in the case, in support of their claims and objections, as well as in substantiation of their expressed position on the case, are presented in the form as they were presented at the court hearing and reflected in the minutes of the court session or in the document sent to

The reasoning part of the court decision must contain the factual and legal justification for the court's conclusions in the case. It indicates the circumstances of the case established by the court, the evidence on which its conclusions are based, and the arguments on which the court rejects certain evidence, as well as the law that guided the court when making its decision. The factual basis of the decision is the court's judgment on the facts underlying the claim and the defense to the claim. Here the Court indicates why it considers certain circumstances of the case to be established and due to which it came to a certain conclusion regarding the relationship of the parties.

In addition to the factual basis, the decision also provides its legal basis. The legal basis of the decision means that, having established the factual circumstances of the case, the court gives a legal qualification to the relationship of the parties, indicating the relevant law governing the disputed legal relationship. First of all, the court is obliged to indicate a specific norm of substantive law (civil, family, labor, housing, land, etc.), and then refer to the corresponding norms of procedural law.

Where necessary, in order to interpret the law and justify its application to a given legal relationship, the reasoning part provides explanations of the governing decisions of the Plenum of the Supreme Court of the Russian Federation, as well as the content of the decision of the Constitutional Court of the Russian Federation, adopted upon a request to verify the constitutionality of the legislative act to be applied when considering a specific case .

It should be noted that the law does not in all cases require a detailed statement of the reasons for the decision. So, according to Part 4 of Art. 197 of the Code of Civil Procedure as amended by the Federal Law of October 27, 1995 “On Amendments and Additions to the Civil Procedure Code of the RSFSR”, if the claim is recognized by the defendant, the reasoning part can only indicate the recognition of the claim and its acceptance by the court. In accordance with Art. 23 of the Family Code of the Russian Federation, in the presence of mutual consent to dissolve the marriage of spouses who have common minor children, as well as spouses, one of whom, despite his lack of objections, avoids dissolving the marriage in the authorities

civil registration, the court dissolves the marriage without clarifying the reasons for the divorce. Therefore, according to Part 6 of Art. 197 of the Code of Civil Procedure, a decision in a divorce case may consist of an introductory and operative part.

The operative part of the decision is important because it presents the results of the trial in a concentrated and final form, namely: the conclusion that the claim was satisfied or the claim was rejected in whole or in part. The text of the operative part of the decision must be concise, clear and imperative in form, taking into account the fact that it is included in the writ of execution if the decision requires execution.

Due to the fact that the operative part of the decision contains comprehensive conclusions that logically follow from the circumstances specified in the reasoning part, it must be clearly formulated: what exactly the court ruled on each stated claim separately and on the counterclaim, for which of the the parties recognized the disputed right, what actions and in whose favor should be performed by the person obligated to this person. When a claim is refused, it is indicated who and in respect of what was denied by the court decision.

The operative part of the decision also contains the answer to the question regarding legal costs, i.e. from whom, in what amount they are collected, who is exempt from paying them, how they are to be distributed between the parties.

An explanation by the presiding judge at a court hearing when announcing a decision of the procedure and deadlines for appealing it (Article 190 of the Code of Civil Procedure) does not relieve the court of the obligation to indicate this in the operative part.

In the event that the court establishes a certain procedure and (or) deadlines for the execution of the decision or calls the decision for immediate execution, and also takes measures to ensure its execution, all these issues are reflected in the operative part.

The law specifies cases of immediate execution of a court decision (Articles 210.211 of the Code of Civil Procedure). There are two types of immediate execution of a decision:

1) decisions requiring mandatory immediate execution (these cases are listed in Article 210 of the Code of Civil Procedure and are covered by the concept of “mandatory immediate execution”);

2) decisions subject to immediate execution, based on the specific circumstances of the case, when the court decides this issue at its own discretion (“optional immediate execution”).

Features of the resolution of certain categories of cases influence the content of the operative part of the decision. This circumstance is taken into account by law. Thus, in the operative part of the decision on the collection of

Tender means the court must indicate the specific amount to be recovered.

When awarding property in kind, it is indicated to whom, what specific property is being transferred, as well as what its value is, so that it is possible to recover the cash equivalent in the event of the absence of property (Article 200 of the Code of Civil Procedure).

In a decision obliging the defendant to perform certain actions not related to the transfer of property or a sum of money, the court indicates the consequences that occur if the defendant (debtor) does not perform the actions prescribed to him within the prescribed period, while the plaintiff (collector) may be given the opportunity to perform these actions at the expense of the defendant (Article 201 of the Code of Civil Procedure). When a decision is made in favor of several plaintiffs, its operative part contains an indication of the share in which it applies to each of them, or, if this is provided for by substantive law, the right to collect jointly and severally. When making a decision against several defendants, the court indicates in what share each of the defendants must fulfill the decision, or indicates that their liability is joint and several (Article 202 of the Code of Civil Procedure).

By virtue of Art. 191 of the Civil Procedure Code, in the form of a decision, only those decisions of the court of first instance are made that resolve the case on the merits, and the range of issues that make up the content of the decision is determined by Art. 197-202 Code of Civil Procedure. Therefore, it is unacceptable to include in the operative part of the decision the court’s conclusions on that part of the claims for which a decision on the merits is not made (Articles 214, 215, 219-222 of the Code of Civil Procedure). These conclusions are presented in the form of determinations (Article 223 of the Code of Civil Procedure) and must be made separately from decisions.

See: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 9 of September 26, 1973 “On the court decision” // Collection of resolutions of the Plenums on civil cases. M.: Spark, 1997. P.215-218.

1. The court decision consists of introductory, descriptive, motivational and operative parts.

2. The introductory part of the court decision must indicate the date and place of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim.

3. The descriptive part of the court decision must contain an indication of the plaintiff’s claim, the defendant’s objections and explanations of other persons participating in the case.

4. The reasons for the court decision must indicate the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court.

If the defendant recognizes the claim, the reasoning part of the court decision may only indicate the recognition of the claim and its acceptance by the court.

In case of refusal of a claim due to the recognition of unjustified reasons for missing the limitation period or the deadline for filing a lawsuit, the reasoning part of the court decision indicates only the court's establishment of these circumstances.

5. The operative part of the court decision must contain the court’s conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of legal costs, the deadline and procedure for appealing the court decision. The operative part of the court decision made by the magistrate must also contain an indication of the deadline and procedure for filing an application for drawing up a reasoned court decision.

Commentary on Article 198 of the Civil Procedure Code of the Russian Federation

1. Procedural legislation imposes certain requirements on the content of a court decision. In accordance with the commented article, a court decision must consist of four parts:
1) introductory;
2) descriptive;
3) motivational;
4) operative.

2. The introductory part of the court decision shall indicate:
- date and place of decision making;
- name and composition of the court;
- information about the secretary of the court session, the parties and other persons participating in the case, about representatives;
- the subject of the dispute or the stated claim.

The information in the introductory part is located in the structure of the court decision between the words “In the name of the Russian Federation” and the word “established”.

3. The descriptive part must contain the claim of the plaintiff, the objections of the defendant and the explanations of other persons participating in the case.

The court sets out the initial and counterclaims and their rationale; objections and their justification.

The descriptive part ends with the phrase: “Having examined the circumstances of the case, having heard the explanations of the parties and other persons involved in the case, the court considers that the claim is subject to satisfaction (in whole or in part, not subject to satisfaction) on the following grounds.”

4. The reasoning part of the court decision indicates the final conclusion of the court on the case and its justification.

The reasoning part of the decision must indicate:
- the circumstances of the case established by the court;
- evidence on which the court’s conclusions are based;
- reasons for which the court rejects certain evidence;
- the rules of law that guided the court when making a decision.

The reasoning part ends with the phrase: “Taking into account the above, on the basis (the rules of substantive law are given) and guided by the articles (the rules of procedural law, usually Art. 12, 198 of the Code of Civil Procedure of the Russian Federation), the court decided.”

5. The operative part of the decision is the final conclusion of the court on the satisfaction or refusal of the claim (stated demand). It also provides the distribution of court costs and the procedure for appealing a court decision.

This conclusion is presented in the form of a short order (to collect, oblige, compensate, refuse, etc.).

1. The Supreme Court of the Russian Federation drew the attention of the courts to the fact that the decisions they make must be legal and justified and contain a complete, motivated and clearly stated response to the plaintiff’s demands and the defendant’s objections, except for court decisions in cases in which the defendant admitted the claim and recognition of the claim accepted by the court, as well as in cases in which the claim (application) was rejected due to the recognition of unjustified reasons for missing the statute of limitations or the deadline for filing a lawsuit.

2. Since, by virtue of Part 4 of the commented article, the court decision must indicate the law that guided the court, it is necessary to indicate in the reasoning part the substantive law applied by the court to these legal relations, and the procedural rules that guided the court.

The court should also consider:

a) decisions of the Constitutional Court of the Russian Federation on the interpretation of the provisions of the Constitution of the Russian Federation to be applied in this case, and on the recognition of the normative legal acts listed in paragraphs “a”, “b”, “c” of Part 2 and not corresponding to the Constitution of the Russian Federation in Part 4 of Art. 125 of the Constitution of the Russian Federation, on which the parties base their demands or objections;

b) decisions of the Plenum of the Supreme Court of the Russian Federation, adopted on the basis of Art. 126 of the Constitution of the Russian Federation and containing explanations of issues that have arisen in judicial practice when applying the norms of substantive or procedural law to be applied in this case;

c) decisions of the European Court of Human Rights, which provide an interpretation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms to be applied in this case.

3. Courts must observe the consistency in presenting the decision established by the commented article. The content of the claim must be reflected in its descriptive part in accordance with the statement of claim.

If the plaintiff changed the basis or subject of the claim, increased or decreased its size, or the defendant admitted the claim in whole or in part, this should also be indicated in the descriptive part of the decision.

The recognition by a party of the circumstances on which the other party bases its claims or objections (Part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation) is indicated in the reasoning part of the decision simultaneously with the court’s conclusions on the establishment of these circumstances, if there are no provisions provided for in Part 3 of Art. 68 of the Code of Civil Procedure of the Russian Federation, the grounds on which the acceptance of recognition of circumstances is not allowed.

4. Based on the fact that the decision is an act of justice that finally resolves the case, its operative part must contain comprehensive conclusions arising from the factual circumstances established in the reasoning part. In this regard, it must clearly formulate what exactly the court ruled both on the initially stated claim and on the counterclaim, if it was stated (Article 138 of the Code of Civil Procedure of the Russian Federation), who, what specific actions and in whose favor should be carried out , for which of the parties the disputed right is recognized. The court must also resolve other issues specified in the law so that the decision does not cause difficulties in execution (Part 5 of Article 198, Articles 204 - 207 of the Code of Civil Procedure of the Russian Federation). If the stated claims are denied in whole or in part, it is necessary to indicate exactly to whom, in relation to whom and what was denied.

In cases where the decision is subject to immediate execution or the court comes to the conclusion that this is necessary (Articles 210 - 212 of the Code of Civil Procedure of the Russian Federation), a corresponding indication must be made in the decision.

5. If the court finds that a disciplinary sanction was imposed in violation of the law, this conclusion must be motivated in the decision with reference to the specific provisions of the law that were violated.

6. If the claim for disputes arising from labor relations is satisfied, the court in the operative part of the decision must indicate that the administration is obliged to conclude an employment agreement (contract) with the employee from the first working day following the last day of validity of the fixed-term employment contract.

7. If, when considering a case on reinstatement at work, the court comes to the conclusion that misconduct actually occurred, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied. However, in this case, the court does not have the right to replace dismissal with another penalty, since in accordance with Art. 192 of the Labor Code of the Russian Federation, imposing a disciplinary sanction on an employee is the responsibility of the employer.

8. The court must justify in its decision its conclusion about the amount of moral damage to be compensated.

9. When declaring a transaction invalid, the court must determine the specific measures necessary to bring the parties to their original position: who should take what specific actions and in whose favor, the return of funds, eviction. These issues cannot be resolved by presenting independent claims to the court, but must be resolved simultaneously with the recognition of contracts as invalid, also in order to eliminate the possibility of disputes during execution.

10. Since in claims for recognition the question of the existence or absence of a particular legal relationship or individual rights and obligations of the persons participating in the case is resolved, the court, when satisfying the claim, is obliged, if necessary, to indicate in the operative part of the decision the legal consequences that this entails recognition (for example, on the annulment of a marriage registration document if it is declared invalid).

11. The Code of Civil Procedure of the Russian Federation, establishing different procedures for the consideration of cases for certain types of proceedings (claims, special proceedings, proceedings in cases arising from public legal relations), provides for everyone a single form of completing the proceedings on the merits by making a decision. In this regard, courts should keep in mind that the requirements of the commented article on the procedure for presenting decisions are mandatory for all types of proceedings.