Determination of the court of first instance - Civil procedural law (Sazykin A.V.)

On procedural issues in a civil case, a court ruling is made.

True, sometimes the court limits itself to entering a procedural decision into the minutes of the court hearing. We talk about cases when a separate definition of the court as a procedural document is important in our publications. The practical significance of such knowledge is the ability to appeal a court ruling. Because sometimes it appears to the participants in the case to be illegal or unreasonable.

What is a private complaint against a court ruling?

Issues that arise during the consideration of the case are resolved by the court by issuing a ruling. For example, a determination on the appointment of a forensic examination. Or about postponing the case. However, some definitions may lead to unfavorable consequences for the participant in the case. For example, the court will make a ruling to terminate the proceedings, but the plaintiff does not agree and considers it necessary to resolve the issue on the merits. After all, he will no longer be able to appeal to this defendant with such a claim. Or the court issues a ruling to impose a judicial fine. And the one to whom it was applied does not agree that there are grounds for this.

Not all rulings of the court of first instance can be appealed. But only those that are directly indicated by the Civil Procedure Code. And those that make it impossible to consider the case on its merits. As a rule, the definition itself contains an indication of the possibility of appealing it by filing a private complaint.

A private complaint can be filed within 15 days from the date of the court ruling. If a complaint against a ruling is filed separately from an appeal against a court decision, then it is called private.

Private complaints are filed through the court, which considers the case on its merits as the first instance. If the applicant misses the deadline, it can be reinstated. To do this, a corresponding petition must be drawn up. Moreover, a private complaint should only be filed simultaneously with such a petition.

A private appeal against a ruling by a magistrate is considered by the district court. For the determination of the district court - the regional (city, regional, republican) court.

How to file a petition for a private ruling

In order for the court to issue a private ruling, the interested person draws up a petition with references to regulatory legal acts (you can use the help of the site’s duty lawyer). In addition to standard information, such as:

• name of the court
• information about the applicant
• case number and its essence
• signature and date,

The document indicates which actions (inactions) violate the laws. What shortcomings, errors or omissions were made. And what body, organization, official. What actions, in the opinion of the applicant, should be taken to eliminate them.

A petition for a private ruling can be filed both during the consideration of the case and within the framework of enforcement proceedings for the execution of a court decision. Or complaints about the inaction of the bailiff.

What civil court rulings can be appealed?

A private complaint is filed against court rulings in cases where such an appeal procedure is specifically provided for by the Code of Civil Procedure of the Russian Federation or the ruling precludes further progress of the case (Article 331 of the Code of Civil Procedure of the Russian Federation). In other cases, you can appeal the ruling in the text of the appeal against the court decision, indicating your disagreement with the actions of the court, formalized by the ruling in the form of your objections.

A complete list of determinations subject to appeal is given in a separate article.

When is a copy made, how and where to receive it?

If the applicant wants to speed up the process and comes to the court archives himself for a copy of the ruling, then this will be done at his expense. However, there will be no court marks indicating that this is a valid copy.

The applicant makes a note about familiarization with the case materials in the journal. If refused, the archive worker will do this. Issue is made instantly - on the day of application. If this is not possible, then within five days.

If you receive a copy of the ruling through the court, you will have to wait about a month. But the copies will be properly certified: with the judge’s signature and stamp.

If it is impossible to come for a copy in person, the documents will be sent by mail. The address will be taken from the case file, so if you change your place of residence, this should be mentioned in the application.

Filing and consideration of a private complaint

An appeal against a court ruling is filed with the court of first instance. There is no state fee for filing an application.

The procedure for considering private complaints is established in Article 333 of the Code of Civil Procedure of the Russian Federation. The main feature of their consideration is that, as a general rule, the court considers them without notifying or summoning the participants in the civil process. That is, you will not be able to give oral explanations and present any of your arguments to the court. Therefore, a private complaint should be as detailed as possible.

The following definitions, as an exception to the general rule, are considered with notification and summons to the participants in the case:

• suspension of the proceedings,
• termination of proceedings,
• leaving the application without consideration,
• satisfaction or refusal to satisfy an application, proposal for review of court decisions based on newly discovered or new circumstances,
• on forced execution or refusal to enforce a decision of a foreign court, and a number of others (Part 2 of Article 333 of the Code of Civil Procedure of the Russian Federation).

If the court deems it necessary, it may schedule a hearing on a private complaint on other issues.

Legal deadlines

The determination is considered to come into force at the moment of its announcement. If it concerns the fate of the claim (abandonment, termination or suspension of proceedings), then copies must be sent to the parties within 3 days after such a decision is made, provided that they did not participate in the consideration for objective reasons. And those present will be given the definitions on the spot.

Concept of terms

During the trial, different terms and definitions are used. To understand the proceedings, it is important to understand what the concepts in question mean.

The court's decision

This term refers to a judicial act that completes the consideration of a case. This document summarizes the results of the trial. It is distinguished by direct action and is subject to execution upon entry into force.

In criminal cases, the decision is made in the form of a sentence. It may be accusatory or acquittal. The structure of a procedural document includes several components. The most important are the motivational and operative parts. It is permissible to appeal a court decision in the manner prescribed by law. This is done by cassation or supervisory method.

Court ruling

This term refers to a judicial act that is passed during a meeting. It does not resolve the case on its merits, but is used to consolidate a specific action. This interim verdict is announced during the hearing. In this case, the court does not retire to the conference room.

Expert opinion

Karnaukh Ekaterina Vladimirovna

Graduated from the National University of Shipbuilding, majoring in Enterprise Economics

The determination may be issued as a separate document or adopted orally. At the same time, it must be included in the minutes of the meeting. It must be announced immediately. This option is used in all types of processes - administrative, civil, criminal.

Comparison

Once all the definitions are given, comparisons need to be made to better understand what the differences are. The court's decision completes the main stage where the case was considered. As a result, a certain decision is made (in favor of one of the parties). If there is a court ruling, then this is just a way to resolve one of the issues that arose during the proceedings. No final conclusions or decisions will be contained in this document. Differences exist in the form and content of the acts. In the case of a court decision, a separate document is generated. To make a decision, the entire jury must be removed to the deliberation room. If we are talking about a determination, then it is announced directly in the meeting room, and no removal is made for the meeting. The resolution may not be issued as a separate document. Oral statements are entered into the protocol, which is kept at the court hearing without fail. The determination, depending on the specific type, ends the process, ensures its further progress, or eliminates errors and shortcomings made during the investigation, trial. Only a court can make a decision or determination. The decision is followed by strict control to ensure that all its points are fulfilled. If determined, control is more advisory in nature.

Court decision: characteristics

The decision usually ends the consideration of the case. After several meetings, explanations from the parties, questioning of witnesses and judicial debates, the judge makes a decision on the merits, thereby resolving the dispute between the defendant and the plaintiff. The parties are given a term for appealing the decision, established by law, and if it is not appealed, the procedural act gains legal force. A court decision that has legal force is subject to execution by both individuals and legal entities. In criminal proceedings, the judge's decision is called a verdict. It can be either acquittal or accusatory.

comparison table

To understand the differences between a solution and a definition, it is worth familiarizing yourself with the information given in the table:

What are the similarities between a definition and a judicial decision?

Determination and decision are types of procedural acts in court that are made unilaterally or collectively. Acts can be adopted at any stage of the legal process. Both the decision and the ruling can be appealed if the interested person files a complaint with the appellate (cassation) authority.

What is the difference between a court decision and a ruling? Procedural acts have many significant differences regarding their meaning, the procedure for issuance and entry into legal force.

Meaning

At the end of the trial, the court can make a decision based on the materials in the case. A ruling is made on a specific issue that is being considered during court proceedings. Thus, on this basis, judicial rulings are divided into preparatory, suppressive and final. The subject of the definition of the first category may be the involvement of third parties in the consideration of the case.

Preventive rulings are rulings that are made before the start of the trial due to the fact that the procedure for filing a claim has been violated. An example of such an act could be a ruling on a judge’s refusal to consider a claim. Final determinations may be made if the plaintiff has filed the claim incorrectly or refuses it.