Court decision in civil matters: judicial regulations
Many people, asking for help to the judicial authorities, believe that the decision of the court in civil cases begins its action immediately after the result is announced by the judge. Unfortunately, it is not.
After the court has voiced its verdict, there is a special time set by law in which to prepare an appeal. Thus, the decision of the court in civil cases receives full force only after the time has passed for a complaint or appeal has been considered.
Courts of Justice
The main profile of the courts of general jurisdiction are administrative, criminal and civil cases. Quite often there are such verdicts that do not satisfy one of the participants in the judicial process. In this case, the parties to civil proceedings may prepare a complaint against a court order.
Courts of general jurisdiction deal with the case and summarize the results to complete the trial.Quite rarely court proceedings are held by one process, most often they are stretched for an indefinite time.
The decision of the courts of general jurisdiction in civil cases is usually necessary to appeal to the higher courts.
To familiarize with the decision, you can use the Internet. The RosPravudiye website has a large database of judicial practice in Russia. To search for the necessary information, it is recommended to use the filter in cases and instances, determining the one that deals with the process of interest.
Terms of the court decision in civil cases
Quite often, court hearings on civil claims are stretched for a long time. But no matter how long the meetings last, in the end the judge will announce his decision. The law establishes that the final and complete execution of the decision should occur no later than five days after the announcement.
An appeal against a court decision in a civil case has a specific time for filing: no more than one month after the verdict is announced by the court. If during this period the parties to the trial did not file an appeal, the previously announced decision takes legal effect.
You need to know that a complaint about the judge's verdict can be filed by each of the parties involved in a civil case.
At the time when the deadline for sending a complaint is calculated, you should pay attention to some features:
- The term starts from the next day from the court’s decision.
- Deadline for filing a complaint at 24.00 local time, at the end of the calendar month. If the last day falls on a weekend or holiday, the end of the term will be postponed to the next working day.
In the case when one of the parties has prepared an appeal, the end of the period will be:
- if the verdict of the court remains the same and will not be canceled - immediately after the consideration of the case;
- if the court passes a new ruling, it will cancel the old one in whole or in part. The new decision of the court in civil cases enters into full force immediately after the verdict.
Exceptions to the rules
There are cases that one of the participants in the process was going to prepare a complaint about the judge's verdict, but due to compelling circumstances, he missed the deadline set by law. In such situations, judges make concessions and extend the time for a complaint to be filed.
To do this, you need to write a statement to the court with a request to increase the time, providing evidence that the original time allotted for this was missed for a good reason.
If the time skipping is really weighty, the appellate court can extend the time and postpone the hearing.
Immediate Execution Verdict
Sometimes the decision of the court in civil cases becomes effective after the verdict. This applies to claims for the payment of child benefits, payments to the head of the organization of wages to their employees and other cases provided for by law.
Until all participants of the parties in civil proceedings receive a copy of the court order, the verdict is not considered to have entered into legal force.
An appeal is usually written if the claimant or defendant objects to the verdict of the court. The decision of the appellate court in a civil case is capable of canceling a previous verdict by a lower court.
Thus, thanks to the appeal, you can continue to set aside your rights in a legal manner.
Quite often, a complaint against a court decision in civil cases is filed by a claimant, whose demands were either not satisfied or partially satisfied by the district court.Then the court will once again consider all the evidence provided and make a new decision on the decision in a civil case.
You need to know that you can write a complaint in the same court in which the civil proceedings were considered. It is the district court that will submit the complaint from the applicant to the higher court.
In a higher court, the complaint is handled by a panel of judges consisting of three persons.
How to write a complaint
Appeal against the verdict of the lower court can any of the participants in the trial.
At the same time, an appeal against a court decision in a civil case takes place in higher courts. Usually indicate on appeal:
- the name of the judicial authority to which the appeal is submitted;
- full personal information and contacts of the citizen who filed a complaint;
- describes in detail all the points on the previous court decision with which the person does not agree or those moments where there is a clear violation of his rights;
- petition for the previous decision to be canceled.
It also indicates the list of documents that are provided for the consideration of the appeal.
It is worth knowing that in drawing up an appeal it is not possible to use information that was not presented in a lower court. If a person believes that this material must be examined by the court, then he must present arguments on which the newly obtained data were not presented for consideration earlier.
Civil Procedure Code of Russia
The main legislative act that regulates all litigations is the Civil Procedure Code. It clearly states everything that may relate to the entry into force of judicial decisions in civil matters. Also describes the rules by which it is necessary to write an appeal and the deadlines set for its consideration.
The Code of Civil Procedure in Article 202 explains that if one of the parties did not fully understand the text of the document, it may submit a petition for clarification. It should be borne in mind that only the document that is not subject to immediate execution can be clarified.
To clarify incomprehensible questions to the parties, a separate court session is scheduled, in which the parties to civil proceedings must be present. In this case, the appointment of an additional meeting, they are notified in advance.