What is a court order? Its types and their features

What is a court order? This question is asked citizens who are confronted with the judicial system. It has its own characteristics, which directly affect the rights and interests of the participants in the processes.

What is meant

The resolution calls any court decision, namely:

• decision;

• Definition;

• Court order;

• Decree of the Presidium of the RF Armed Forces.

The term "resolution" is applied, first of all, to acts of supervisory instance. This is what concerns civil proceedings. A similar norm is prescribed in the CAS RF.

Acts of ships in production, according to the Code of Administrative Offenses, decisions are made in the form of definitions and orders. The second category is the decision taken on the merits.

In the criminal process sentences, rulings, decisions are adopted. The arbitration process is characterized by the adoption of decisions, the definitions are either an interim decision or an act of a higher authority as a result of a review of the case. Thus, the answer to the question of what such a ruling is depends on the type of legal proceedings and the stage at which the case is located.

The decision is the main judicial act

The decision is the main judicial act, to which attention is drawn. It has special requirements, in terms of the procedure for acceptance and maintenance. What is a court order in this case?

The decision reflects the opinion of the court on the suit:

• What circumstances took place and which did not;

• Which of them matter;

• What evidence was provided by the parties, their evaluation;

• The reasons for refusing the claim or its satisfaction;

• Terms and procedure of appeal.

The decision specifies the court and the judges who adopted the act, and the date of adoption. What is the ruling for the plaintiff? The answer to his demands, even if they are formulated incorrectly from a legal point of view, the court has no right to go beyond their scope. The exception concerns only administrative cases (for CAS). Here the court has the right to make a decision, not limited to the plaintiff's statements. The inequality of the plaintiff's and the defendant's position and the specifics of the public administration system are taken into account.

Types of definitions

What is a court order, its meaning regarding the adoption of definitions? They are taken by the court of first instance as intermediate decisions (decision to accept the suit, to appoint a meeting, to postpone its consideration, to decide on the appointment of an examination, etc.).

What does it look like?

• The name of the court, the names and initials of the judges;

• Date, participants of the meeting;

• The resolved question;

• The decision of the judge with the reasons for refusal or acceptance of the petition;

• The procedure and deadline for filing a complaint.

The judge has the right to take them out of the meeting room.

What is a court order in special proceedings? The law provides procedures for establishing facts or resolving issues of particular importance, where, at the same time, there is no dispute between the parties concerned. In particular, the establishment of the fact, the ownership of the document, the adoption of the child or the refusal in it, and so on.

For each variety of cases of special production, individual requirements for content are established (questions resolved by the court, possible options for answering each of the requirements, etc.).

The rulings are passed by the appellate, cassation instances, except for the case when a new decision is made after the cancellation of the earlier decision.

The court order and the resolution of the supervisory instance

The order is a court decision on an application without summoning the parties, solely on the basis of the documents provided by the applicant. The debtor has the right to declare the cancellation of the order, subject to the time limit.

For example, collection of tax debts is carried out by requests for the issuance of an order. Such cases, as a rule, are not complex, there is no dispute as such, and the second party does not want to pay what is obligated. As an example, you can cite tax debts, alimony.

The decision can be a substitute for previous decisions or a change in the earlier decisions. Rarely, when the highest authority completely resolves the matter itself. Instructions are given on what to find out and what errors to correct, and the materials are sent to one of the previous instances. Formally, the higher authority can not predetermine the outcome of the case in advance, but everything happens differently, the execution of the decision leads to a completely predictable result. The tasks of the supervisory authority are performed by a special panel of judges - the Presidium.

What is a civil court order? One of the decisions taken in any case, at any stage, in any instance.