In connection with the introduction of the Civil Procedure Code from February 1, 2003 Russian Federation (hereinafter - Code of Civil Procedure of the Russian Federation) and in order to fulfill the requirements for a court decision contained in it Supreme Court Of the Russian Federation, decide the following clarifications to ships:
1. In accordance with Article 194 of the Code of Civil Procedure of the Russian Federation, the decision is the decision of the court of first instance, which is permitted essentially.
The decision should be legitimate and reasonable (part 1 of article 195 of the Code of Civil Procedure of the Russian Federation).
2. The decision is legal in the case when it is accepted with accurate compliance with the norms. procedural law and in full compliance with the norms of substantive law, which are subject to applying to this legal relationship, or based on the use of the law or analogy of law (part 1 of article 1, part 3 of article 11 of the Code of Civil Procedure of the Russian Federation).
If there are contradictions between the norms of procedural or material law to be applied when considering and resolving this case, the decision is legitimate in the case of the court in accordance with Part 2 of Article 120 of the Constitution of the Russian Federation, part 3 of Article 5 of the Federal Constitutional Law "On judicial system Of the Russian Federation "and part 2 of Article 11 of the Code of Civil Procedure of the Russian Federation norms having the greatest legal force. When establishing contradictions between the norms of law to be applied when considering and resolving the case, the courts also need to consider explanations of the Plenum of the Supreme Court of the Russian Federation, data in the rulings dated October 31, 1995 №8 "On some issues of applying the courts of the Constitution of the Russian Federation in the implementation of justice" and of October 10, 2003 №5 "On applied by the courts of general jurisdiction of generally accepted principles and norms of international cooperation and international treaties of the Russian Federation."
3. The decision is justified when the facts that matter have been confirmed by the proofs studied by the court that meet the requirements of the law on their relativeness and admissibility, or circumstances that do not need to be proof (Articles 55, 59 - 61, 67 Code of Civil Procedure of the Russian Federation), and when It contains exhaustive conclusions of the court arising from the established facts.
4. Since, due to part 4 of Article 198 of the Code of Civil Procedure of the Russian Federation, the law should be specified in the court, which guided the court, it is necessary to indicate the material law applied by the court to these legal relations, and procedural normswhich guided the court.
The court should also be considered:
but) Decisions Constitutional Court Of the Russian Federation on the interpretation of the provisions of the Constitution of the Russian Federation to be used in this case and on the recognition of the regulatory legal acts that are not relevant to the Constitution of the Russian Federation listed in paragraphs "A", B "," in "part 2 and in part 4 of the article 125 of the Constitution of the Russian Federation, in which the parties establish their requirements or objections;
b) Resolution of the Plenum of the Supreme Court of the Russian Federation, adopted on the basis of Article 126 of the Constitution of the Russian Federation and containing clarification of issues arising in judicial practice when applying the norms of material or procedural law to be used in this case;
in)decisions European Court According to human rights, in which the interpretation of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms to be applied in this case.
5. According to part 3 of Article 196 of the Code of Civil Procedure of the Russian Federation, the court decides only on the claimant's claimed claim.
To go beyond the stated requirements (to allow the requirement that is not stated, to satisfy the claimant's requirement in the greater size, which it was stated) the court is entitled only in cases directly provided for by federal laws.
For example, the court has the right to go beyond the stated requirements and on its initiative on the basis of paragraph 2 of Article 166 Civil Code RF Apply the consequences of the invalidity of a negligible transaction (there are transactions to negligible transactions, which are indicated in Articles 168 - 172 of the title).
The stated requirements are considered and permitted on the grounds specified by the plaintiff, as well as by the circumstances made by the court for discussion in accordance with Part 2 of Article 56 of the Code of Civil Procedure of the Russian Federation.
It should be borne in mind that when considering and resolving cases arising from public relations, the Court is not related to the grounds and arguments of the stated requirements, i.e. The circumstances on which the applicant baskets its requirements (part 3 of Article 246 of the Code of Civil Procedure of the Russian Federation).
6. Considering that by virtue of Article 157 of the Code of Civil Procedure of the Russian Federation, one of the basic principles judicial trial is his immediacy, the decision can be based only on the evidence that were investigated by the court of first instance in court session. If collecting evidence was made not by the court, which considers the case (Articles 62 - 65, 68 - 71, paragraph 11 of part 1 of article 150, Article 170 of the Code of Civil Procedure of the Russian Federation), the court is entitled to substantiate the decision by these evidence only with the condition that they are obtained in the established Code of Civil Procedure of the Russian Federation (for example, in compliance with Article 63 of the Code of Civil Procedure of the Russian Federation, the procedure for executing a judicial order) was announced at the court hearing and were charged with persons participating in the case, their representatives, and in the necessary cases of experts and witnesses and were investigated in aggregate with other evidence. When making a court decision, it is unacceptable to be based on evidence that was not investigated by the court in accordance with the norms of the Code of Civil Procedure of the Russian Federation, as well as on the evidence obtained in violation of the norms federal laws (Part 2 of Article 50 of the Constitution of the Russian Federation, Articles 181, 183, 195 of the Code of Civil Procedure of the Russian Federation).
7. The courts should be borne in mind that the conclusion of the expert, as well as other evidence in the case, are not exceptional means of proof and should be assessed together with all evidence available (Article 67, part 3 of article 86 of the Code of Civil Procedure of the Russian Federation). The court's assessment should be fully reflected in the decision. At the same time, the court should be indicated on which the expert's conclusions are based, whether all the materials submitted to them are taken into account, and whether they are made by the appropriate analysis.
If the examination is assigned to several experts, giving individual conclusions, the motives of consent or disagreement with them should be given in judicial decision separately for each conclusion.
8. By virtue of part 4 of Article 61 of the Code of Civil Procedure of the Russian Federation, the verdict of the court in a criminal case is obligatory for the court, considering the case of civil law consequences of acts of persons in respect of whom the sentence has been made, only on issues of whether these actions have (inaction ) And whether they are made by this person.
Based on this, the court, making a decision on the claim arising from the criminal case, is not entitled to discuss the defendant's guilt, and may only give the question of the amount of compensation.
In the decision of the Court to satisfy the claim, in addition to reference to the verdict in a criminal case, it is also necessary to provide evidence in civil cases that substantiate the amount of the amount award (for example, the accounting of the property of the defendant or the fault of the victim).
Based on Part 4 of Article 1 of the Code of Civil Procedure of the Russian Federation, by analogy with part 4 of Article 61 of the Code of Civil Procedure of the Russian Federation, it is also necessary to determine the significance of the decision of the judge in the case of the case of administrative offense When considering and resolving the case of a case on civil law consequences of a person's actions in respect of which this decision was made (decision).
9. According to part 2 of article 61 of the Code of Civil Procedure of the Russian Federation, the circumstances established by the court decision on the previously reviewed civil businessMandatory for the court. These circumstances are not proved and are not subject to challenge when considering another case, in which the same persons participate.
For the court considering civil cases, the circumstances established by the decision of the Arbitration Court (part 3 of Article 61 of the Code of Civil Procedure of the Russian Federation).
Under the court decree specified in paragraph 2 of Article 61 of the Code of Civil Procedure of the Russian Federation, it is understood as any judicial decision, which, according to part 1 of Article 13 of the Code of Civil Procedure of the Russian Federation, adopts the court ( judicial order, the court decision, the court decision), and under the decision of the Arbitration Court - the judicial act provided for in Article 15 of the Arbitration Procedure Code of the Russian Federation.
Based on the meaning of part 4 of article 13, parts 2 and 3 of Article 61, part 2 of article 209 of the Code of Civil Procedure of the Russian Federation, persons who did not participate in the case in which the court general jurisdiction or arbitration court The appropriate judicial decision has been made, it is entitled when considering another civil case with their participation to challenge the circumstances established by these judicial acts. In the specified case, the court shallowing on the basis of evidence investigated at the court session.
10. Courts need to comply with the sequence in presenting the decision established by Article 198 of the Code of Civil Procedure of the Russian Federation.
If the plaintiff changed the basis or object of the claim, increased or reduced its size, the respondent recognized the claim in whole or in part, and should also be specified in the descriptive part of the solution.
On recognition of the circumstances in which the other Party establishes its requirements or objections (part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation), is indicated in the motivation part of the decision simultaneously with the conclusions of the court to establish these circumstances, if not provided by part 3 articles 68 Code of Civil Procedure of the Russian Federation grounds for which the adoption of circumstances is not allowed.
When making a decision, the courts must be borne in mind that the right to recognize the circumstances in which the other Party establishes its requirements or objections, belongs to the representative of the Party participating in the case in its absence, if it does not entail a complete or partial refusal from claims, reduce their size, complete or partial recognition of the claim, since Article 54 of the Code of Civil Procedure of the Russian Federation, which determines the powers of the representative, does not require the specified right to be specifically specifically specified in the power of attorney.
The court is not entitled to accept the recognition of the claim or recognition of the circumstances on which the plaintiff basses its demands committed by the lawyer appointed by the court as a representative of the defendant on the basis of article 50 of the Code of Civil Procedure of the Russian Federation, since this in addition to the will of the defendant can lead to a violation of his rights.
The lawyer appointed by the court as a representative of the defendant on the basis of Article 50 of the Code of Civil Procedure of the Russian Federation, has the right to appeal against the court's decision in the cassation (appellate) manner and in the order of supervision, since it has powers not by agreement with the defendant, but due to the law and the specified right is objectively necessary for Protection of the rights of the defendant, the place of residence is unknown.
11. Based on the fact that the decision is an act of justice, which is finally resolved, its operative part should contain exhaustive conclusions arising from the actual circumstances established in the motivation part.
In this regard, it should be clearly defined that it was that the court decided both by the initially declared claim and on the counter demand, if it was stated (Article 138 of the Code of Civil Procedure of the Russian Federation), who, what specific action and in whose benefits should produce, Which of the sides are recognized by the challenge right. The court should also be resolved and other issues listed in the law so that the decision does not cause difficulties in execution (part 5 of article 198, Article 204 - 207 Code of Civil Procedure of the Russian Federation). If you refuse in the stated requirements, it should be completely or partially indicated to whom, with respect to whom and what is denied.
In cases where the decision is subject to immediate execution Or the court will come to the conclusion about the need for this (Article 210 - 212 Code of Civil Procedure of the Russian Federation), in the decision, it is necessary to make a corresponding indication.
The decisions listed in Article 211 of the Code of Civil Procedure of the Russian Federation are subject to immediate execution due to the imperative prescription of the law, and therefore the indication of the decision to appeal to immediate execution does not depend on the position of the plaintiff and the discretion of the court.
The appeal of the decision to immediately execute on the grounds specified in Article 212 of the Code of Civil Procedure of the Russian Federation is possible only at the request of the plaintiff. In such cases, the conclusions of the court on the need to address the decision to immediate execution should be substantiated with reliable and sufficient data on the availability of special circumstances, as a result of which the slowdown in the execution of the decision may lead to significant damage to the recoverer or the impossibility of its execution.
At the request of the plaintiff, the decision to immediate execution, the court is entitled to the necessary cases to demand from the claimant to ensure the turning of the execution of the decision in case of its cancellation.
12. Since claims for recognition is allowed the question of the presence or absence of one or another legal relationship or separate rights and the responsibilities of the persons participating in the case, the court, when satisfying the claim, is obliged to indicate in the resolution part of the decision on those legal consequenceswhich entails such recognition (for example, to cancel the acts of marriage registration in case of invalidation).
13. By virtue of Article 194 of the Code of Civil Procedure of the Russian Federation, only those judgments of the court of first instance are accepted in the form of a decision, which are permitted essentially, and the range of issues that make up the content of the decision is defined by Articles 198, 204-207 of the Code of Civil Procedure of the Russian Federation.
Therefore, it is unacceptable to inclusion in the operative part of the decision conclusions for the part of the claims, according to which the resolution is not taken on the merits (Articles 215, 216, 220-223 of the Code of Civil Procedure of the Russian Federation). These findings are set out in the form of definitions (article 224 of the Code of Civil Procedure of the Russian Federation), which should be carried out separately from decisions. At the same time, it is necessary to keep in mind that the inclusion of these conclusions in itself is not a significant violation of the norms of procedural law and does not entail its abolition in cassation (appellate) and supervisory procedure.
14. To draw the attention of the courts to the need for strict compliance with the established article 199 Code of Civil Procedure of the Russian Federation of the term of drawing up a motivated decision.
15. Based on the requirements of Article 201 Code of Civil Procedure of the Russian Federation, the issue of adopting an additional decision can be delivered only before the entry into force of the court's decision on this case and such a decision has the right to endure only the composition of the court who decided on this case.
In case of refusal to make an additional decision, the interested person has the right to apply to the court with the same requirements for general grounds. Question about court expenses It can be resolved by the definition of a court (article 104 of the Code of Civil Procedure of the Russian Federation).
Crossing the right of court to make additional decisions, Article 201 of the Code of Civil Procedure of the Russian Federation, at the same time, limits this right to issues that were the subject of trial, but did not reflect in the operative part of the decision, or by those cases when, permitting the issue of the right, the court did not indicate the sizes awarded Amounts either did not allow the issue of court expenses.
Therefore, the court is not entitled to go beyond the requirements of Article 201 of the Code of Civil Procedure of the Russian Federation, but may proceed only from the circumstances discussed at the court hearing, replenishing the shortcomings of the decision.
16. Since Article 202 of the Code of Civil Procedure of the Russian Federation provides a court of an opportunity to clarify the decision without changing its content, the court cannot under the guise of clarification to change, at least partially, the substance of the decision, but should only state it in a more complete and clear form.
17. Considering that Code of Civil Procedure of the Russian Federation, establishing a different procedure for consideration of cases separate species Production (Specifications, Special, Production on cases arising from public relations) provides for all the unified form of completion of the proceedings of the case on the merits by making a decision, the courts should be borne in mind that the requirements of Article 198 Code of Civil Procedure of the Russian Federation on the procedure for presenting decisions are required for all species. production.
18. Recognize the resolution of the Plenum of the Supreme Court of the Russian Federation from September 26, 1973 №9 "On the court decision" with amendments made by the Decree of the Plenum of December 20, 1983 No. 11, as amended by the Resolution of the Plenum dated December 21, 1993 No. 11, with amendments made by the Decree of the Plenum of December 26, 1995 No. 9.
In the case when it is accepted with the exact compliance with the norms of procedural law and in full compliance with the norms of material law, which are subject to applying to this legal relationship, or is based on the use of the Agreement of the Law or the analogy of the right (part 1 article 1, Part 3. articles 11. Code of Civil Procedure of the Russian Federation).
Providing court right to accept additional decisions, the Code of Civil Procedure of the Russian Federation, at the same time, limit this right to questions that were the subject of a trial, but did not reflect in the operative part of the decision, or by those cases when, resolving the issue of the right, the court did not indicate the amount of the award summary or Did not allow the question of court expenses.
Therefore, the court is not entitled to go beyond the requirements articles 201. Code of Civil Procedure of the Russian Federation, and may proceed only from the circumstances discussed at the court hearing, replenishing the shortcomings of the decision.
16. Since the Code of Civil Procedure of the Russian Federation provides a court of an opportunity to clarify the decision without changing its content, the court cannot under the guise of clarification to change, at least partially, the substance of the decision, but should only state it in a more complete and clear form.
17. Considering that Gpk RF, establishing a different procedure for consideration of cases for certain types of production (claims, special, proceedings arising from public legal relations) provides for all the unified form of ending the proceedings on the merits by making a decision, the courts should be borne in mind that the requirements articles 198. Code of Civil Procedure of the Russian Federation on the procedure for presenting decisions is mandatory for all types of production.
18. To recognize the resolution of the Plenum of the Supreme Court of the Russian Federation of September 26, 1973 N 9 "On the court decision" with amendments made by the Decree of the Plenum of December 20, 1983 N 11, as amended by the Decree of the Plenum dated December 21, 1993 N 11, as amended Resolution Plenum dated December 26, 1995 N 9.
Chairman
Supreme Court
Russian Federation
V.M. Lebedev
Plenum Secretary
judge of the Supreme Court
Russian Federation
Plenum of the Supreme Court of the Russian Federation
About the court decision
In connection with the introduction of the Civil Procedure Code of the Russian Federation from February 1, 2003 (hereinafter - the Code of Civil Procedure of the Russian Federation) and, in order to implement the requirements contained in him, the Plenum of the Supreme Court of the Russian Federation decides to give the following clarifications to the courts:
1. In accordance with Article 194 of the Code of Civil Procedure of the Russian Federation, the decision is the decision of the court of first instance, which is permitted essentially.
The decision should be legitimate and reasonable (part 1 of article 195 of the Code of Civil Procedure of the Russian Federation).
2. The decision is legal in the case when it is adopted with the exact compliance with the norms of procedural law and in full compliance with the norms of substantive law, which are subject to applying to this legal relationship, or based on the use of the Agreement of the Law or the Analogy of Law (part 1 of the article 1, part 3 of article 11 of the Code of Civil Procedure of the Russian Federation).
If there are contradictions between the norms of procedural or material law to be applied when considering and resolving this case, the decision is legitimate in the case of the court in accordance with Part 2 of Article 120 of the Constitution of the Russian Federation, part 3 of Article 5 of the Federal Constitutional Law "on the judicial system of the Russian Federation "and part 2 of article 11 of the Code of Civil Procedure of the Russian Federation norms having the greatest legal force. When establishing contradictions between the norms of law to be applied during the consideration and permission of the case, the courts also need to consider explanations of the Plenum of the Supreme Court of the Russian Federation, data in the regulations of October 31, 1995 N 8 "On some issues of applying the courts of the Constitution of the Russian Federation in the exercise of justice and on October 10, 2003 N 5 "On the application by the courts of general jurisdiction of generally accepted principles and norms international law and international treaties Russian Federation".
3. The decision is reasonable when the facts are important for the case confirmed by the evidence under investigated by the court that meet the requirements of the law on their relatives and admissibility, or circumstances that do not need to be proof (Articles 55, 59 - 61, 67 Code of Civil Procedure), and then When it contains exhaustive conclusions of the court arising from the established facts.
4. Since, due to part 4 of Article 198 of the Code of Civil Procedure of the Russian Federation, a law should be specified in the court decision, it is necessary to point out the material law applied by the court to the legal relations, and the procedural regulations that the court guided in the motivation part.
The court should also be considered:
a) Resolution of the Constitutional Court of the Russian Federation on the interpretation of the provisions of the Constitution of the Russian Federation to be applied in this case and the recognition of the regulatory legal acts listed in paragraphs "A", B "," in "Part 2 and in part 4 of Article 125 of the Constitution of the Russian Federation, in which the parties establish their requirements or objections;
b) Resolution of the Plenum of the Supreme Court of the Russian Federation, adopted on the basis of Article 126 of the Constitution of the Russian Federation and containing clarification of issues arising in judicial practice when applying the norms of material or procedural law to be applied in this case;
c) Resolution of the European Court of Human Rights, in which the interpretation of the provisions of the Convention on the Protection of Human Rights and Basic Freedoms to be applied in this case.
5. According to part 3 of Article 196 of the Code of Civil Procedure of the Russian Federation, the court decides only the requirements of the claimant.
Go beyond the stated requirements (to allow the requirement that is not stated to satisfy the claimant's claim in a larger size than it was stated) the court has the right
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