Legal force of the court decision
The legal force of a court decision is its universality, i.e. binding for both the court and the participants in the process, and for the persons and bodies to whom it is addressed or to which it relates.
The moment the court decision comes into force is decided ambiguously:
- according to the general rule, the court decision becomes valid after the expiration of the period for appeal on appeal - one month from the moment the decision was made in final form, if they were not appealed;
- in case of filing an appellate complaint (bringing a submission) and non-refusal of a court decision by a court of second instance, it comes into legal force after consideration by a court of second instance;
- in case of cancellation or change by a court of second instance of the decision of the court of first instance and the adoption of its own decision, it enters into force immediately.
The entry of a court decision as an act of a state authority into legal force empowers it with certain properties, which include:
The mandatory property of a court decision is the extension of its action to all persons, regardless of whether their rights and interests were or were not the subject of the trial (Article 13 of the CCP) .
In the circle of persons, judicial decisions that have entered into legal force are binding on all bodies of state power, local government bodies, public associations, officials, citizens and organizations without exception. However, the binding nature of the court's decisions does not deprive interested parties who did not participate in the case, the right to apply to the court if their legal rights and legitimate interests are violated by the court decision.
The decisions of the court that have come into force legally, by virtue of the binding nature, are subject to rigorous enforcement throughout the United States.
The incontrovertibility property of a court decision is that an enforceable judgment can not be appealed to a second instance court and reviewed.
An enforceable court decision may be subject to review only in exceptional cases and on extraordinary grounds in the cassation, supervisory instance or on newly discovered or new circumstances.
The exclusivity property of the court decision is manifested in two ways: firstly, by virtue of Part 2 of Art. 209 of the CCP after the entry into legal force of the court decision, parties, other persons participating in the case, their successors can not again file the same lawsuits on the same grounds, and also challenge in court the facts and legal relations established by the court in another civil process; secondly, the court refuses to accept the statement of claim (clause 2, part 1 of Article 134 of the Code of Civil Procedure) or terminates the proceedings (paragraph 2 of Article 220 of the CCP), if there is an enforceable and accepted dispute between the same parties, on the same subject matter and on the same grounds, a court decision.
The prejudiciality property of the court decision is that due to the indication of the civil procedural legislation (Part 2, Article 61 of the CCP), the circumstances established by the court decision that entered into legal force but previously considered the case, are binding for the court. These circumstances are not proven again and can not be challenged when considering another case in which the same persons participate. As explained by the Plenum of the Supreme Court of the United States, based on the meaning of Part 4 of Art. 13, part 2 and 3 of Art. 61, Part 2 of Art. 209 of the Civil Procedural Code, persons who did not participate in a case in which a court decision was issued by a court of general jurisdiction or an arbitral tribunal have the right to challenge the circumstances established by these judicial acts when considering another civil case involving them. In this case, the court issues a decision on the general rules on the basis of the evidence examined in the court session.
The property of prejudiciality of a court decision is also manifested in the fact that it is mandatory for the court in the proceedings in a criminal case concerning the question of whether an event or action took place. At the same time, the decision on the guilt of the defendant by a court decision in a civil case is not prejudged and is in the exclusive competence of the court considering the criminal case.
The decisions of the courts of general jurisdiction that have entered into force on the previously examined civil case by virtue of Art. 69 APC are also mandatory for the arbitral tribunal considering the case on the circumstances established by the decision of the court of general jurisdiction and related to the persons participating in the case.
The performance property is the possibility of compulsory, in addition to the will of the obligated person, the implementation of a court decision.
As a general rule, decisions that have entered into legal force can be executed compulsorily. Furthermore, in accordance with Art. 211 ГПК a number of decisions of court of the first instance is subject to direct instructions of the law to immediate execution without observance of a condition on their coming into legal force. These include court orders or court decisions:
- about collecting alimony;
- payment of wages to the employee for three months;
- restoration at work;
- the inclusion of a citizen of the United States in the list of voters, referendum participants.
It should also take into account the fact that the court, at the request of the plaintiff, can practically immediately execute any decision, if, due to special circumstances, the delay in its execution can lead to significant damage to the recoverer or performance may not be possible (Article 212 of the CCP).
As stated in paragraph 11 of the Resolution of the Plenum of the Supreme Court of the USA No. 23, in cases where the decision is subject to immediate execution or the court finds that it is necessary (Article 210-212 of the CCP), a decision must be made in the decision. The decisions listed in Art. 211 ГПК, are subject to immediate execution by virtue of the mandatory requirement of the law, and therefore the indication in the decision to appeal them to immediate execution does not depend on the position of the plaintiff and the discretion of the court. Appeal of the decision for immediate execution on the grounds specified in Art. 212 GPK, it is possible only at the request of the plaintiff. In such cases, the findings of the court on the need to apply the decision for immediate execution should be justified by reliable and sufficient data on the existence of special circumstances, which may lead to a significant loss to the recoverer or the impossibility of its execution. The court also has the right to establish a certain period during which the decision must be enforced (Article 204 of the CCP) or delay its execution (Article 203 of the CCP).
The immutability property arises automatically from the moment the decision is made and makes it impossible for the judge (judge) to modify or cancel the decision he made himself.
An exception to this rule is provided by the rules of civil procedural legislation for cases of review of newly discovered circumstances of decisions, definitions that have entered into legal force (Chapter 42 of the Code of Civil Procedure).
There are objective and subjective limits to the validity of the legal force of the judgment.
The objective limit of the validity of the legal force of a court decision is understood as its extension to the legal relationships and legal facts established by the court in resolving the case. As noted by NI Maslennikova, the only opportunity for the court to adjust the limit already outlined in the adopted decision is provided for by civil procedural legislation in the form of a rule on the adoption of an additional decision.
The subjective limit of the validity of the legal force of a judicial decision is determined by the circle of persons indicated in it and their successors, i.е. persons whose rights and duties were the subject of legal proceedings and were secured in the decision.
Also We Can Offer!
- Argumentative essay
- Best college essays
- Buy custom essays online
- Buy essay online
- Cheap essay
- Cheap essay writing service
- Cheap writing service
- College essay
- College essay introduction
- College essay writing service
- Compare and contrast essay
- Custom essay
- Custom essay writing service
- Custom essays writing services
- Death penalty essay
- Do my essay
- Essay about love
- Essay about yourself
- Essay help
- Essay writing help
- Essay writing service reviews
- Essays online
- Fast food essay
- George orwell essays
- Human rights essay
- Narrative essay
- Pay to write essay
- Personal essay for college
- Personal narrative essay
- Persuasive writing
- Write my essay
- Write my essay for me cheap
- Writing a scholarship essay