Civil procedural law. Determination of the trial court (most important)

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Civil procedural law. Determination of the trial court (most important)

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45. DETERMINATION OF THE COURT OF FIRST INSTANCE

define - rulings issued by the court of first instance (collectively or individually) on all issues arising in connection with the trial of a civil case.

Determinations may be issued at any stage of the proceedings in the court of first instance.

Classification of definitions.

1. By subjects:

1) sole judges - rendered by one judge;

2) collegiate - are taken out at collegiate consideration.

2. In order of decision and execution:

1) definitions in the form of a separate procedural document - consists of introductory, descriptive, motivational and operative parts, which must indicate:

a) the date and place of the ruling;

b) the name of the court that issued the ruling, the composition of the court and the secretary of the court session;

c) the persons participating in the case, the subject of the dispute or the stated claim;

d) the issue on which the determination is made;

e) the motives on which the court came to its conclusions, and reference to the laws by which the court was guided;

f) a court order;

g) the procedure and term for appealing a court ruling, if it is subject to appeal;

2) rulings recorded in the minutes of the court session - are issued when resolving simple issues. The ruling may be issued by the court after discussion on the spot without being removed to the deliberation room. In this case, the minutes of the court session indicate the issue on which the ruling is made, the motives on which the court came to its conclusions, and a reference to the law is given.

3. By content:

1) preparatory - such determinations that resolve private procedural issues that arise throughout the proceedings, with the goal of preparing the normal development of the process and ensuring the adoption of a lawful and justified judicial decision. Such determinations are made by a single judge;

2) final rulings - complete the proceedings in the court of first instance. The basis for making final rulings may be the will of the parties (waiver of the claim, settlement agreement). The final ones should also include other rulings that end the proceedings in the court of first instance (for example, the ruling on termination of proceedings due to the lack of jurisdiction of the case to the court of general jurisdiction). In case of violation of the law, the court has the right to issue private definition and send it to the relevant organizations or relevant officials, who are obliged to report within a month on the measures they have taken to eliminate these violations. In case of failure to report on the measures taken, guilty officials may be subject to a fine of up to 10 minimum wages established by federal law. The imposition of a fine does not release the relevant officials from the obligation to report on the measures taken on the basis of a private court ruling.

If, during the consideration of the case, the court finds signs of a crime in the actions of a party, other participants in the process, an official or another person, the court informs the prosecutor about this.

Author: Gatin A.M.

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