Before starting to write a solution, What is a "court decision"...

Before you start writing a solution

What is a "judgment": the absence of a single terminology

Introductory remarks

Regardless of whether you are talking about courts of general jurisdiction or arbitration courts, the consideration of the case on the merits ends with a decision. The judgment is the logical completion of all the work of the court in a particular case, constitutes its main meaning and purpose and is defined as the court's response to the request of the parties to the dispute to protect its violated or disputed rights.

In terms of legal force, decisions are identical regardless of the level of the court of general jurisdiction or the level of the arbitration court, if it considers a case that falls under its jurisdiction and jurisdiction as a court of first instance. If we are talking about courts of general jurisdiction, and this may be a justice of the peace, a judge of a district court, a supreme court of a republic, a regional or regional court or a city court of federal significance, an autonomous region court, an autonomous district court, or the US Supreme Court, the decisions will be the same in value ; this is the act of the court of first instance. In the system of arbitration courts in accordance with the Federal Constitutional Law of April 28, 1995 No. 1-FKZ "On arbitration courts in the United States" decisions can be made by arbitration courts of the United States entities, federal arbitration courts of districts - to consider applications for compensation for violation of the right to proceed within a reasonable time in cases considered by arbitration courts, or for violation of the right to enforce judgments within a reasonable time taken by arbitration courts, and the Supreme Arbitration Court of the United States (in terms of the cases assigned by law to its competence - Part 2 of Article 34 of the APC RF).

In addition to judicial decisions, courts of general jurisdiction and arbitration courts in accordance with Art. 13 of the CCP of the United States and art. 15 APC USA can make other acts: definitions and court orders, if it is a court of general jurisdiction of first instance, determination, if we are talking about arbitration courts of first instance.

The conversation about what is meant by a court decision is complicated by the fact that United States legislation does not have a single terminology that would indicate in a generalized form all judicial acts issued by the courts of first instance, regardless of the category of case and the type of proceedings.

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Thus, in accordance with the civil procedural law in respect of acts issued by the courts of general jurisdiction in civil matters, the term "judicial decisions", which covers judicial orders, judicial decisions and court rulings (Part 1 Article 13 of the Code of Civil Procedure of the United States). However, in the Federal Constitutional Law of February 7, 2011 No. 1-FKZ "On Courts of General Jurisdiction in the United States" refers to judicial acts (Part 8, Article 5).

In arbitration-procedural legislation, the "court act" is used as a generic term, which encompasses both decisions and rulings made by arbitral tribunals in cases of first instance (Part 1, Article 15 of the Code of Administrative Procedure of the United States).

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In the Constitutional Court of the United States, as the generic term for all procedural acts issued during the proceedings, the term "decision" is used. (Article 6 of the Federal Law "On the Constitutional Court of the United States"). The decisions of the Constitutional Court are taken in the form of decisions, decisions, conclusions and definitions (Article 71 of the Law).

A similar situation exists in criminal procedure legislation, which also uses the term solution as a generalized concept for acts passed by a court in criminal proceedings. Thus, the term solution is a generic term for all types of acts issued by courts in the consideration of criminal cases. An example is the definition of the term "sentence", according to which "the verdict -solution about the innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, handed down by the court of first instance or appeal instance" ; (Article 5 of the Code of Criminal Procedure).

In the framework of administrative proceedings, decisions are made on the basis of the examination of a complaint against a ruling on an administrative offense case (Part 2, Article 30.1 of the Code of Administrative Offenses of the United States). If we talk about all acts in administrative court proceedings, then these are decisions, rulings and decisions.

United States lawyers made suggestions on the need to introduce a single concept of "judicial acts" to determine all types of procedural acts-documents issued by state courts in all types of legal proceedings. However, for the time being it remains only a proposal of de lege ferenda, and the legislator continues to use different terminology in relation to various types of proceedings. In this paper, it seems permissible to use the term judicial act as a generalizing concept in relation to any procedural act - a document issued by a court. Accordingly, depending on the type of judicial proceedings, judicial acts can be divided into judicial acts of civil proceedings, issued in civil and arbitration proceedings, judicial acts of criminal proceedings, judicial acts of administrative proceedings, judicial acts of constitutional proceedings.

In this paper, we will only talk about a judicial decision in relation to civil and arbitration processes.

Judgment is an official, strictly formalized document that has a statutory procedural form and a defined structure. At its core, the court decision is an authoritative confirmation by the state of the relationship between the subjects of substantive law on the existence or absence of legal relations or other legal circumstances and the removal of their controversy or uncertainty.

As V.Vaskovsky wrote, "it is the court that is the basis of the legal order; he enforces laws; he restores violated rights and punishes violators; thanks to him, citizens can safely use their property and the fruits of their labors. "

Through the court decision, the existing instability in the disputed legal relationship is overcome, it acquires certainty, stability, and material and legal universally validity. This creates a legal opportunity for the unimpeded exercise of the right or legitimate interest, and as a result, the violated or challenged subjective law is protected. If the claim is satisfied, the right is subject to restoration or enforcement. If, in the satisfaction of the claim, the respondent is denied, the defendant is released from the obligation to fulfill the plaintiff's claims.

Remarkably illustrates the relationship of the lawsuit with the court decision of T. V. Sakhnov: "The civil process movement, the development of the system of civil procedural relations is subordinated to a certain algorithm that has its beginning and ending. As a lawsuit accompanies the defense process, so the judgment reflects its results. The lawsuit is asked a question - the court decision gives the answer to it - sententia ius facit inter partes (the decision "makes" the right between the parties). The decision corresponds to the suit and is "connected" to it, since the court does not have the right to award that which the plaintiff did not require, or more than that he demanded (ne eat index ultra petita partium ).

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