Article 209. Entry into force of court decisions 1. Court decisions enter into force after the expiration of the term for appeal or cassation appeal, if they have not been appealed.

Article 211

Article 234

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Article 307. Entry into force of a decision of the Presidium of the Supreme Arbitration Court of the Russian Federation and its publication 1. A decision of the Presidium of the Higher Arbitration Court of the Russian Federation shall enter into force from the date of its adoption.2. Copies

12.5. Entry of a court decision into legal force As we have already noted, a judicial act is a fundamental act in the administration of justice, since the parties go to court to resolve a dispute that has arisen between them. In accordance with Part 1 of Art. 209 of the Code of Civil Procedure of the Russian Federation, court decisions enter into

Article 211

Article 234

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Article 307. Entry into force of a decision of the Presidium of the Supreme Arbitration Court of the Russian Federation and its publication

Question 409 The right to appeal court decisions in criminal proceedings is, in its essence, the implementation in the manner

Arbitration decision - the type of judicial act of the court of first instance, by which the court, on the basis of facts reliably established during the trial, in strict accordance with the norms of procedural and material, resolves the case on the merits, i.e. satisfies the claim or refuses to satisfy the claim (application) in full or in a certain part.

The decision of the arbitral tribunal is always issued only in the form of a separate document.

Characteristic features of the decision of the arbitration court:

1. 1. their resolution of the case on the merits;
   2. is an act of the judiciary;
   3. this is a law enforcement act containing both an order (a manifestation of an authoritative nature) and a confirmation (reflects the elimination by the arbitration court of a dispute about the right and a statement of the existence of substantive legal relations, subjective rights and obligations);
   4. is a procedural act-document (issued in a certain form and in the manner prescribed by law, must have the content and details specified in the law).

Significance of the decision of the arbitral tribunal:

• • the decision of the arbitral tribunal terminates the dispute on the right in view of its consideration on the merits and completes the legal proceedings in the case;
  • it restores the legality violated by one of the parties, streamlines the relations of civil circulation;
  • the decision carries out the preventive functions of justice, has the value of the general prevention of civil torts.

According to Art. 168 APC RF p when making a decision, the arbitral tribunal

1. 1. evaluates the evidence and arguments given by the persons participating in the case to substantiate their claims and objections;
   2. determines what circumstances relevant to the case have been established and what circumstances have not been established, what laws and others should be applied in this case;
   3. establishes the rights and obligations of the persons participating in the case;
   4. decides whether the claim is subject to satisfaction;
   5. resolves issues on maintaining the effect of measures to secure a claim or on the cancellation of securing a claim or on securing the execution of a decision;
   6. if necessary, establish the procedure and deadline for the execution of the decision;
   7. determines the further fate of physical evidence, distributes court costs, and also resolves other issues that arose during the trial.

By the decision of the arbitration court, the question of the disputable legal relationship is removed, and the right to be protected acquires the possibility of enforcement.

Material and legal consequences of the decision of the arbitration court:

• decision authorizes a particular relationship, whose abstract expression is given in . If the claim is satisfied, then the right disputed by the defendant is subject to enforcement. If the claim is dismissed, then the defendant is released from the obligation, the fulfillment of which the plaintiff demanded. This decision of the arbitral tribunal prevents a new attempt by the plaintiff to obtain enforcement of the obligation;
• through decision previously disputed legal relationship acquires strict certainty, stability, substantive and legal obligatoriness.

Art. 170 of the Arbitration Procedure Code of the Russian Federation establishes that The decision of the arbitral tribunal shall consist of the following parts:

1. 1. introductory;
   2. descriptive;
   3. motivational;
   4. resolutive.

Introductory part of the solution must contain:

• • the name of the arbitration court that made the decision;
  • the composition of the court, the name of the person who kept the minutes of the court session;
  • case number, date and place of the decision;
  • the subject of the dispute;
  • the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.

Descriptive part of the decision must contain:

• • a summary of the stated requirements and objections, explanations, statements and petitions of the persons participating in the case.

In the motivational part of the decision must be specified:

• • actual and other circumstances of the case established by the arbitration court;
  • evidence on which the court's conclusions about the circumstances of the case and arguments in favor of the decision are based;
  • the motives for which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case given in support of their claims and objections;
  • laws and other normative legal acts that the court was guided by when making a decision, and the reasons for which the court did not apply the laws and other normative legal acts referred to by the persons participating in the case.

The reasoning part of the decision must also contain the rationale for the decisions taken by the court and the rationale for other issues specified in the operative part.

If the claim is recognized by the defendant, the reasoning part of the decision may indicate only the recognition of the claim by the defendant and its acceptance by the court.

The reasoning part of the decision may contain references to the resolutions of the Plenums of the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation on judicial practice, the resolutions of the Presidiums of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation.

Operative part of the decision must contain:

• • conclusions about the satisfaction or refusal to satisfy in whole or in part of each of the stated requirements;
  • an indication of the distribution of court costs between the parties;
  • term and procedure for appealing the decision.

In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision shall indicate the amount of money to be recovered as a result of the set-off.

If the arbitration court has established the procedure for the execution of the decision or has taken measures to ensure its execution, this shall be indicated in the operative part of the decision.

Comment

• upon satisfaction of the demand for recovery Money, in the operative part of the decision, the arbitration court indicates the total amount of money to be collected with a separate definition of the main debt, losses, (fines, penalties and interest);
• when awarding property, the arbitration court indicates the name of the property to be transferred to the plaintiff, its value and location, or the amount to be recovered if the property is absent.

Features of the operative part have decisions taken in cases arising from administrative and other public legal relations, in cases of establishing facts of legal significance, and in other cases of non-contentious proceedings.

The decision is made in the form of an electronic document. If there is no technical possibility in the arbitration court to execute the decision in the form of an electronic document, the decision is executed on paper (Article 169 of the Arbitration Procedure Code of the Russian Federation). It must be set out in a language understandable to the persons participating in the case and other persons.

Therefore, the understanding by interested parties of the content of the legislation, their rights and obligations, and the consequences of the entry into force of judicial acts depends on the technique of formalizing the operative part of the judgment. Clause 2.3 of the Program for Improving the Efficiency of the Arbitration Courts of the Russian Federation in 1997-2000 (hereinafter referred to as the Program for Improving Efficiency) points out the special role of the operative part of a court decision in the issue of enforceability of a judicial act: “Incomprehensibility, cumbersome wording in, unjustified use of special terms may jeopardize its performance.

Arbitration Procedure Code, N 95-FZ, Article 170 of the Arbitration Procedure Code of the Russian Federation

Contents of the decision of the arbitral tribunal

The arbitration court cannot simply ascertain the presence or absence of certain circumstances in the case, it must do this with reference to the case materials examined at the stage of the trial. This is one of the significant differences between justice and other forms of jurisdictional activity, related to the need for courts to motivate their own in detail (unlike many bodies of civil jurisdiction).

Arbitration process

The reasoning part may contain references to the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on judicial practice, the decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation.

5. The operative part of the decision must contain conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated requirements, an indication of the distribution of court costs between the parties, the term and procedure for appealing the decision.

What is the operative part of a court decision?

The reason for its separate announcement

The decision of the judge, rendered in full, serves as the final act in the consideration of the case.

It consists of the following sections.

Reasons for a separate announcement of the operative part.

Arbitration decision

Procedural form of decision.

The decision of the arbitration court is set out in the form of a separate document and must be written by hand or executed using technical means (Article 169 of the Arbitration Procedure Code of the Russian Federation). The reasons for its adoption must be indicated, and it must be set out in a language understandable to the persons participating in the case and other persons. The decision is signed by the judge, and in the case of a collegiate consideration of the case, by all the judges who participated in the adoption of the decision, including the judge who has a dissenting opinion.

In accordance with subparagraph 5, paragraph 1, article 8 of the Federal Law “On Enforcement Proceedings”, one of the mandatory details of an enforcement document is the operative part of a judicial act or an act of another body, which is completely transferred to the content of the enforcement order. Therefore, in relation to a number of decisions of arbitration courts, the APC specifically stipulates what should be reflected in the operative part of the decision.

Article 167. Adoption of a decision

• 1. When resolving a dispute on the merits, the arbitration court of first instance shall make a decision. The decision is made in the name of the Russian Federation.
• 2. The arbitration court may make a separate decision on each of the claims combined in one case.
• 3. The decision is made by the judges participating in the court session under conditions that ensure the secrecy of the judges' meeting.
• 5. Judges of an arbitration court shall not have the right to communicate to anyone information about the content of the discussion during the adoption of a judicial act, about the position of individual judges who were members of the court, and in any other way disclose the secret of the conference of judges. At the same time, the judges of the arbitration court are not deprived of the right, in accordance with Article 20 of this Code, to express their dissenting opinion, which cannot be considered as a violation of the secrecy of the conference of judges.

Article 168

• 1. When making a decision, the arbitration court evaluates the evidence and arguments presented by the persons participating in the case to substantiate their claims and objections; determines what circumstances relevant to the case have been established and what circumstances have not been established, what laws and other regulatory legal acts should be applied in this case; establishes the rights and obligations of the persons participating in the case; decides whether the claim is admissible.
• 2. When making a decision, the arbitration court decides on the issues of maintaining the effect of measures to secure a claim or on canceling the securing of a claim or on securing the execution of a decision; if necessary, establish the procedure and deadline for the execution of the decision; determines the further fate of physical evidence, distributes court costs, and also resolves other issues that arose during the trial.
• 3. The arbitration court, having recognized, when making a decision, that it is necessary to additionally examine the evidence or continue to clarify the circumstances relevant to the case, resumes the trial, and issues a ruling on this.

Article 169. Statement of the decision

• 1. The decision of the arbitral tribunal is set out in the form of a separate document and must be written by hand or executed with the help of technical means.
• 2. The decision must indicate the reasons for its adoption, and it must be set out in a language understandable to the persons participating in the case and other persons.
• 3. The decision is signed by the judge, and in the case of a collegial consideration of the case - by all the judges who participated in the adoption of the decision, including the judge having a dissenting opinion.
• 4. Corrections in the decision must be agreed and certified by the signatures of all judges in the deliberation room before the announcement of the decision.
• 5. The decision of the arbitration court shall be executed in one copy and attached to the case.

Article 170. Content of the decision

• 1. The decision of the arbitration court must consist of introductory, descriptive, motivational and resolutive parts.
• 2. The introductory part of the decision must contain the name of the arbitration court that made the decision; the composition of the court, the name of the person who kept the minutes of the court session; case number, date and place of the decision; the subject of the dispute; the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.
• 3. The descriptive part of the decision must contain a summary of the stated requirements and objections, explanations, statements and petitions of the persons participating in the case.
• 4. The reasoning part of the decision must contain:
• 1) factual and other circumstances of the case established by the arbitration court;
• 2) evidence on which the court's conclusions about the circumstances of the case and arguments in favor of the decision are based; the motives for which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case given in support of their claims and objections;
• 3) the laws and other regulatory legal acts that the court was guided by when making a decision, and the reasons for which the court did not apply the laws and other regulatory legal acts referred to by the persons participating in the case.

The reasoning part of the decision must also contain the rationale for the decisions taken by the court and the rationale for other issues specified in paragraph 5 of this article.

If the claim is recognized by the defendant, the reasoning part of the decision may indicate only the recognition of the claim by the defendant and its acceptance by the court.

The reasoning part of the decision may contain references to the decisions of the Plenum of the Supreme Court of the Russian Federation and the rulings of the Plenum of the Supreme Arbitration Court of the Russian Federation on issues of judicial practice that have retained their force, as well as to the rulings of the Presidium of the Supreme Court of the Russian Federation and the rulings of the Presidium of the Supreme Arbitration Court of the Russian Federation that have retained their force.

5. The operative part of the decision must contain conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated requirements, an indication of the distribution of court costs between the parties, the term and procedure for appealing the decision.

In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision shall indicate the amount of money to be recovered as a result of the set-off.

If the arbitration court has established the procedure for the execution of the decision or has taken measures to ensure its execution, this shall be indicated in the operative part of the decision.

The right to carry out appropriate actions at the expense of the defendant with the recovery of the necessary expenses from him if the defendant does not execute the decision within the prescribed period.

Article 176. Announcement of decision

• 1. The decision of the arbitration court shall be announced by the chairman of the court session in which the consideration of the case on the merits is completed, after the decision of the arbitration court is adopted.
• 2. At the court session, in which the consideration of the case on the merits is completed, only the operative part of the adopted decision may be announced. In this case, the arbitral tribunal announces when the decision will be made in full and explains the procedure for bringing it to the attention of the persons participating in the case.

The production of a decision in full may be delayed for a period not exceeding five days. The date of production of the decision in full is considered the date of the decision.

• 3. The declared operative part of the decision must be signed by all the judges who participated in the consideration of the case and the adoption of the decision, and attached to the case.
• 4. The presiding judge at the court session, after the announcement of the decision, explains the procedure for appealing it.

1. The arbitration court sends copies of the decision to the persons participating in the case within five days from the date of the decision by registered mail with a return receipt or hands them against signature.

Article 179 Correction of typos, typos and arithmetic errors

• 1. In case of ambiguity of the decision, the arbitration court that made this decision, upon the application of the person participating in the case, the bailiff, other bodies executing the decision of the arbitration court, organizations have the right to explain the decision without changing its content.
• 2. Explanation of the decision is allowed if it has not been enforced and the period during which the decision can be enforced has not expired.

Article 180. Entry into legal force of a decision

• 1. The decision of the arbitration court of the first instance, with the exception of the decisions referred to in paragraphs 2 and 3 of this article, shall enter into force upon the expiration of one month from the date of its adoption, unless an appeal has been filed. If an appeal is filed, the decision, unless it is canceled or amended, shall enter into force from the date of adoption of the decision of the arbitration court of the appellate instance.
• 2. Decisions of the Intellectual Property Rights Court shall enter into force immediately upon their adoption.
• 3. Decisions of the arbitration court in cases considered by way of summary proceedings, and in the cases provided for by this Code or other federal law, and in other cases shall enter into force within the time limits and in the manner established by this Code or other federal law.

The decision is a judicial act adopted by the arbitration court of first instance when considering the case on the merits, which either satisfies the claim or refuses to satisfy it in whole or in part.

The decision of the arbitration court is set out in the form of a separate document and must be written by hand or executed using technical means (Article 169 of the Arbitration Procedure Code of the Russian Federation).

The decision must indicate the reasons for its adoption, and it must be set out in a language understandable to the persons participating in the case and other persons.

The decision is signed by the judge, and in the case of a collegiate consideration of the case, by all the judges who participated in the adoption of the decision, including the judge having a dissenting opinion.

Corrections to the decision must be agreed and certified by the signatures of all judges in the deliberation room before the announcement of the decision.

The decision of the arbitration court shall be executed in one copy and attached to the case.

The decision of the arbitration court must be legal, justified and motivated (part 3 of article 15 of the APC) and consist of 4 parts (art. 170 of the APC):

• introductory,
• descriptive,
• motivational
• resolutive.

The introductory part of the decision should contain the person who made the decision; , the surname of the person who kept the minutes of the court session; case number, date and place of the decision; the subject of the dispute; the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.

The descriptive part of the decision must contain a summary of the stated requirements and objections, explanations, statements and petitions of the persons participating in the case.

The reasoning part of the decision should include:

1. actual and other circumstances of the case established by the arbitration court;
2. on which the court's conclusions about the circumstances of the case and the arguments in favor of the decision are based; the motives for which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case given in support of their claims and objections;
3. laws and other normative legal acts that the court was guided by when making a decision, and the reasons for which the court did not apply the laws and other normative legal acts referred to by the persons participating in the case.

The reasoning part of the decision must also contain justifications for the decisions taken by the court and justification for the conclusions on satisfaction or refusal to satisfy in full or in part of each of the stated requirements, an indication of the distribution of court costs in the case, and may also contain references to the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on issues of judicial practice.

The operative part of the decision must contain conclusions on the satisfaction or refusal to satisfy, in whole or in part, each of the stated requirements, an indication of the distribution of court costs between the parties, the term and procedure for appealing the decision.

In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision shall indicate the amount of money to be recovered as a result of the set-off.

When resolving the dispute on the merits, he makes a decision. The decision is made in the name of the Russian Federation (Article 167 of the Arbitration Procedure Code of the Russian Federation).

The arbitral tribunal may make a separate decision on each of the claims combined in one case.

The decision is made by the judges participating in the court session, under conditions that ensure the secrecy of the meeting of judges.

In the premises where the arbitration court holds a deliberation and adopts a judicial act, only persons who are members of the court considering the case may be present. Access to this room by other persons is prohibited, as well as other ways of communicating with persons who are part of the court.

The judges of the arbitration court have no right to communicate to anyone information about the content of the discussion during the adoption of a judicial act, about the position of individual judges who were members of the court, and in any other way disclose the secret of the conference of judges.

When making a decision, the arbitration court evaluates the evidence and arguments given by the persons participating in the case in support of their claims and objections; determines what circumstances relevant to the case have been established and what circumstances have not been established, what laws and other regulatory legal acts should be applied in this case; establishes the rights and obligations of the persons participating in the case; decides whether the claim is subject to satisfaction (Article 168 of the Arbitration Procedure Code of the Russian Federation).

When making a decision, the arbitral tribunal decides on the preservation of the action of measures to secure the claim or on the annulment or enforcement of the decision; if necessary, establish the procedure and deadline for the execution of the decision; determines the further fate of physical evidence, distributes court costs, and also resolves other issues that arose during the trial.

The arbitration court, having recognized, when making a decision, that it is necessary to additionally examine the evidence or continue to clarify the circumstances relevant to the case, resumes the trial, and issues a ruling on this.

The decision of the arbitration court is announced by the presiding judge in the court session in which the consideration of the case on the merits is completed, after the decision of the arbitration court is adopted (Article 176 of the Arbitration Procedure Code of the Russian Federation).

At the court session, in which the consideration of the case on the merits is completed, only the operative part of the adopted decision may be announced. In this case, the arbitral tribunal announces when the decision will be made in full and explains the procedure for bringing it to the attention of the persons participating in the case.

The production of a decision in full may be delayed for a period not exceeding five days. The date of production of the decision in full is considered the date of the decision.

The declared operative part of the decision must be signed by all the judges who participated in the consideration of the case and the adoption of the decision, and attached to the case.

The presiding judge at the court session, after the announcement of the decision, explains the procedure for appealing it.

The decision of the arbitration court of first instance shall enter into force upon the expiration of one month from the date of its adoption, unless filed. If an appeal is filed, the decision, unless it is canceled or amended, enters into force from the date of adoption of the decision of the arbitration court of the appellate instance (part 1, article 180 of the Arbitration Procedure Code of the Russian Federation).

Decisions of the Supreme Arbitration Court of the Russian Federation and decisions on cases of challenging normative legal acts shall enter into force immediately after their adoption.

Decisions of the arbitration court in cases of administrative offenses, and in cases provided for by the Arbitration Procedure Code of the Russian Federation or other federal law, and in other cases enter into force within the time limits and in the manner established by the Arbitration Procedure Code of the Russian Federation or other federal law. For some categories of cases, the Arbitration Procedure Code of the Russian Federation provides for reduced terms for the entry into force of a court decision. In accordance with Part 4 of Art. 206 of the Arbitration Procedure Code of the Russian Federation, the decision in the case of bringing to administrative responsibility comes into force after 10 days from the date of its adoption, unless an appeal is filed. The same period is provided for the entry into force of decisions in cases on contesting the decision of an administrative body on bringing to administrative responsibility (part 5 of article 211 of the APC of the Russian Federation).