The legal force of judicial decisions is a term often used in legislation and documents, but nowhere is its official interpretation. So what does it mean?
The decision of the court is the result of the use of judicialbodies of their powers. The judicial act has many properties: it generates rights and obligations, confirms facts and circumstances. However, they would be useless, if there was no legal force of judicial decisions.
To some extent, the effect of the court decision is lawfulcompare with the power that the law has. The difference between them is that the law affects an indefinite number of people, but the decision concerns a limited number of persons. Significant differences exist in the order of their adoption, as well as the revision procedure.
The court decision is most often the result of a dispute, and the law is the result of the activity of the legislative body.
A legitimate power means inviolability, continuity and compulsion. The consequences of ignoring can be significant: from the collection of a fine to criminal prosecution.
The decision is considered to be a judicial act, adopted on the merits of the claimed requirements. It involves several options:
All other judicial acts, taken by the first instance, are called definitions.
Based on the outcome of the review, the appeal is rendered ordefinition, or a new solution. Making a determination means a complete refusal of a complaint. The decision at the appeal stage is made with partial or full agreement with the complaint, when the earlier decision is either canceled completely or changes.
The appeal considers private complaints aboutinterim decisions, in particular on the return of the claim, the refusal to appoint an expert examination, etc. Regardless of the outcome of the complaint consideration, a determination is made.
The cassation and supervisory authority shall issue or determine (therefore, the complaint is denied), or a resolution indicating full or partial agreement with the complaint.
The legal force of judicial decisions is acquired depending on which stage and which authority they are rendered. Procedural codes provide for two options:
The first option is typical for judicial acts of the first instance, the second - for acts of appeal and cassation, as well as the supervisory stage.
A party dissatisfied with the act is entitled to file a complaint with a higher authority that agrees either with the decision or with a complaint.
For the decision of the first instance, the end of the appeal period and the acquisition of legal force takes place at one moment.
Some judicial acts are not appealed, since. this is not provided for by law. For example, the court's decision to open a case. In addition to the fact that such acts have the legal force of judicial decisions from the moment of their removal, their cancellation would not make sense.
The judicial system provides for the submission ofcomplaints about certain interim acts that affect the rights and duties of citizens. The restriction of the right to appeal certain procedural decisions precludes the possibility of abusing it. At the same time, it is allowed to refer to their illegality in proceedings before higher authorities.
Decisions of the appeal and cassation instance become valid on the day of issuance, in parallel with this, the period for filing a complaint with a higher court is counted.
Appealing judgments - sending complaintsto previously adopted decisions. How does the procedure affect the validity? In time, the appeal is postponed by the receipt of a judicial act of legal significance.
If the complaint is filed with the cassation, and then with the supervisory authority, there is no automatic deferral of the acquisition by force. The plaintiff has the right to engage in the procedure for enforcing the judicial act.
A higher court may, upon receiving the application of the person concerned, postpone the execution until the final decision on the case.
Thus, the appeal of judicial decisions ordelaying the onset of the moment of their acquisition of legal force, or restricting it with the consent of the court considering the complaint, to suspend the enforcement proceedings.
There are several rules on this score:
What about the first point? For example, the right of ownership of a property is recognized. An official from Rosreestr is obliged on his basis to register the right. Other citizens are obliged to respect this right. By the way, the right received or recognized by the court is transferred to other citizens by inheritance, unless otherwise expressly provided by law.
If other persons take part in the dispute, the judicial act is not rejected as a source of evidence and is taken into account, depending on the circumstances.
Thus, the limits of the legal force of the judgment have certain limitations.
Hundreds of judicial acts are issued every day, and facilitating access to them helps the participants in the process and ensures the openness of the judicial system.
At the moment, the state has created two electronic databases. They contain information on the cases, the dates of the appointed meetings, on judicial acts.
Portal kad.arbitr.ru serves the system of arbitration courts. GAS Justice is a system of common courts. The RF Armed Forces has its own database, and it is considered quite good.
The register of judicial decisions of the arbitration system is considered the most convenient and complete. It supports many functions that greatly facilitate the conduct of the process to both judges and participants in disputes.
The database of general vessels, on the contrary, causes criticism. The card files are partially or late filled.
Both databanks contain information on the entry into force of the acts.
The law does not prohibit the creation of registries of judicialdecisions to private individuals than they do. For example, the portal sudact.ru is popular. By the way, it has more chances to find an act of a court of general jurisdiction than on a similar state portal.
How to make sure of the legal force of the courtdecisions on the case? There are no issues with the acts of appeal, cassation, supervisory instance, and the main confirmation of the legal force of the document is the signatures of the judges and the seal of the court.
The decision of the first instance also sets the sealand the signature, but this is not enough. Officials involved in its execution are asked to provide a copy of the decision with a note on entry into force. Under the text of the decision, a stamp is put in which the date and the signature of the judge are inscribed. If the judge who made the decision can not put a mark for some reason, the chairman does it.
This mark confirms the legalityjudicial decision. According to the law, it is considered to be in compliance with the law, until it is revoked or altered by a higher court or revised due to new, previously unknown circumstances.
Arbitration courts already now issue electronic copies of decisions certified by a digital signature. In other courts, this procedure only begins to be introduced.
Practice shows that getting a mark -complicated procedure. A participant of the process is given a copy without a mark, then, after the time allotted for appeal, he applies for a copy with a mark.
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