Civil procedural law. Elimination of shortcomings of the court decision by the court that issued it (the most important)

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Civil procedural law. Elimination of shortcomings of the court decision by the court that issued it (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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43. ELIMINATION OF FAULTS IN THE JUDICIAL DECISION BY THE COURT MADE IT

The law provides several ways to correct mistakes made in a judicial decision.

The court that made the decision is given the opportunity:

1) supplement your decision;

2) explain it;

3) make corrections to it without changing the content in cases strictly limited by law.

Additional solution - issued if the requirements for a court decision are not met. The court decision must contain a final and exhaustive answer to the stated requirements, as well as the issue of the distribution of court costs.

The court that made the decision on the case may, on its own initiative or at the request of the persons participating in the case, issue an additional court decision if:

1) on any claim for which the persons participating in the case presented evidence and gave explanations, but a court decision was not made on it;

2) the court, having resolved the issue of law, did not indicate the amount of the amount awarded, the property to be transferred, or the actions that the defendant is obliged to perform;

3) the court has not resolved the issue of court costs. The issue of making an additional decision by the court may be raised before the entry into force of the court decision. An additional decision is made by the court after consideration of the said issue in a court session and may be appealed. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to the consideration and resolution of the issue of making an additional court decision.

If the solution is not clear the court that accepted it, at the request of the persons participating in the case, the bailiff has the right to explain the court decision without changing its content. An explanation of the court decision is allowed if it has not been enforced and the period during which the court decision can be enforced has not expired.

The issue of clarification of the decision of the court is considered in the court session. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to the consideration and resolution of the issue of clarification of the court decision.

The court may, on its own initiative or at the request of the persons participating in the case, correct clerical errors or obvious arithmetic errors in the court decision, i.e., such inaccuracies that affect the possibility of implementing the decision or its justice, for example, distortion of the surname, name, patronymic of the parties, composition of the court. Arithmetic errors consist of incorrect calculation of amounts of money to be collected, shares in the right of common ownership of buildings and other objects.

The issue of making corrections to the court decision is considered at the court session. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to resolving the issue of making corrections to the court decision.

A private complaint may be filed against all court rulings aimed at supplementing or changing a court decision.

Author: Gatin A.M.

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