What is the final form of the solution?
At the end of the trial, the judge announces a decision. As a rule, only the operative part is read: “Guided by the articles... the court ruled...”. The full text of the decision is announced much less frequently. In addition to the operative part, it also includes an introductory part (who was present, who made the decision and when), a descriptive part (what demands and objections were made) and a motivational part (how the court substantiated its conclusions).
This is the decision, set out on paper and containing all the necessary parts, and will be considered prepared in its final form. It is also called “motivated”.
When should the decision be issued in final form?
If the entire text is announced at the meeting, you can immediately apply for a copy to be made for you. They will issue it either immediately or within five working days.
But, as already mentioned, most likely at the meeting you will only hear the operative part. In this case, the judge is obliged to explain to the parties when the decision will appear in full. The protocol must contain a mention of such clarification.
Then you will wait. The judge has only five days to fully prepare his decision. The magistrate may not draw up a reasoned decision unless the parties ask him to do so. But if asked, it is also limited to five days.
Example of an application for drawing up a reasoned decision in a simplified proceeding case
Application for drawing up a reasoned decision
On October 28, 2022, the Central District Court of Voronezh issued a summary judgment on the claim of Privozova A.V. to the Administration of the city of Voronezh to refuse to satisfy claims for ownership.
In accordance with paragraph 2 of Art. 232.4 of the Code of Civil Procedure of the Russian Federation, at the request of the persons participating in the case, the court draws up a reasoned decision. The operative part of the decision was announced on October 28, 2022. The plaintiff took part in the court hearing on October 28, 2022.
Based on the above, guided by art. 35, 232.4 Code of Civil Procedure of the Russian Federation,
- Draw up a reasoned decision in civil case No. 7-5852/2022 on the claim of Privozova A.V. to the Voronezh City Administration for recognition of property rights.
- Send the compiled, reasoned decision by post to my address or post it on the official website of the Internet.
November 01, 2022 Privozova A.V.
Five days later the decision was not issued...
After the decision has been announced, the judge may warn that there is no need to rush to get a copy. But this does not change the fact that the deadline for producing a complete solution in final form is the same for everyone, there are no exceptions.
Therefore, after the expiration of the five-day period, you have the right to submit a written application for the issuance of a court decision. You will either be given a copy of the judicial act within five working days, or you will not be given a copy. In the latter case, you can submit a new application, indicating that the first one was not executed by the court and the deadlines were violated. If there is a fair amount of delay, it is advisable to complain to the leadership of the court.
By these actions you will record the fact of a violation of the deadline for preparing a reasoned decision, which will serve as a justification for later granting a request to restore the missed deadline for appeal.
Application for drawing up a reasoned court decision
To receive a full decision from the magistrate, you must submit an application for a reasoned court decision. The procedure for drawing up a reasoned decision is enshrined in Article 199 of the Code of Civil Procedure of the Russian Federation.
Magistrates, after considering a civil case, make the operative part of the decision. Such a decision consists of an introductory part, which indicates who, when and on what case made the decision, as well as a operative part, which indicates what decision the court made, in whose favor, what amounts it collected or what actions it ordered the defendant to take. The reasons for the decision, discussion of evidence, and conclusions of the court are not given in such a decision. For more information about the components of a court decision, see Article 198 of the Code of Civil Procedure of the Russian Federation.
An application for drawing up a reasoned decision is necessary so that the magistrate draws up a complete decision, from which one can understand the logic of the judge, the direction of his thoughts, see the assessment of the evidence presented, the established circumstances of the case and the laws applied in this case. Without a reasoned decision, in most cases it is impossible to draw up an appeal against the decision of the magistrate.
What if you come back for a decision in three weeks, as the judge said?
This story has two options for continuation - one good and two bad.
You arrive in good condition, as was said, three weeks after the decision was made. They tell you that the text of the decision was prepared only yesterday and you have another month ahead. You receive a copy. Within a month, file an appeal with a request to restore the deadline, where you write the production date that was given to you. The deadline is restored, the complaint is accepted for processing.
The first bad option is this. You have not filed a motion to reinstate the deadline. (“Why? After all, the complaint was filed within a month from the date of manufacture!”). However, the appellate court looked at the date on the decision (and there, as a rule, the date of the last court hearing is written), counted down the month, made sure that the applicant did not ask to restore the term, and returned the complaint.
Second bad option. A petition has been filed to restore the deadline. But the judge refuses to satisfy it, citing the fact that the decision was made much earlier than you expect. You simply didn’t show up for him for a long time.
In order not to be afraid of the situations described, you need to follow simple rules.
Firstly, do not wait until the deadline expires and apply for a copy of the court decision.
Secondly, if you file an appeal a month after the announcement of the operative part, simultaneously with the appeal, file a petition to restore the missed deadline (as this is done).
Thirdly, if the court slightly delayed the writing of the decision, try not to get involved in the procedure for restoring the deadline - file a complaint within a month from the date of this judicial act.
Submission order
In order to correctly draw up an application requesting a substantiated resolution of the case, the applicant must follow the following legal features provided for this document:
- This verdict can be claimed by any participant in the trial in accordance with Article 34 of the Code of Civil Procedure of the Russian Federation. However, no third party has the right to receive this decision.
- The paper must contain clear requirements with justification for issuing the desired resolution.
- When submitting an application from third parties, it is necessary to indicate all information about them, as well as a description of the reasons why they may need this paper.
Important! In order to draw up the document, the applicant should seek the help of a professional lawyer to ensure that all requirements are stated correctly and within the framework of current legislation.
Example of a court decision
An application for a reasoned decision is submitted to the magistrate by the persons participating in the court hearing within 3 days from the date of announcement of the operative part of the decision. For persons who did not participate in the court hearing, this period is 15 days. The period for filing an application begins on the next day from the date of announcement of the decision and ends at 24-00 hours of the last day of the period.
So, when the operative part of the decision is announced on September 10, the 3-day period will expire on September 13 at 24:00, and the 15-day period will expire on September 25. The application can be submitted in person, through the office of the magistrate. In this case, put a mark on your copy of the application indicating that the application has been registered. An application for a reasoned decision can be sent by mail, in this case it is better to use registered mail.
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The main aspect that will need to be taken into account when submitting is the timing of its submission. Thus, in accordance with Article 199 of the Code of Civil Procedure of the Russian Federation, paragraph 4, the following deadlines for filing an application are provided:
- Within 3 days from the announcement of the operative part of the decision, in the event that the persons participating in the case and involved in the proceedings were present when the verdict was announced and participated in the final meeting;
- Within 15 days, if the persons interested in the reasoned decision and involved in the case did not participate in the last meeting.
It contains two instructions at once, regarding the timing and the circle of persons who have the right to demand a reasoned decision. If the application is submitted by a third party, then it makes no sense to count on a positive response, since such an application will simply be rejected.
Thus, in order to receive a reasoned court decision, the person participating in the process will need to correctly draw up and submit an appropriate application to the office of the magistrate who issued the verdict. You can submit it by personally visiting the district office of the judicial authority, but for this you will also need to prepare a copy of the petition, or send the application by registered mail with acknowledgment of receipt. When submitting the application in person, the copy must be signed with a note indicating acceptance of the original.
Info
If the submission occurs with a delay, then it will also be necessary to draw up an application to restore the deadlines.
When filling out an application, you should adhere to the following structure and content:
- The header indicates: To the judge, which precinct and city, the application was sent;
- From: full name, address of the applicant;
- Details of the civil case: number, full name of the plaintiff and defendant, nature of the recovery;
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A properly completed and submitted application for a reasoned court decision will allow you to obtain more complete information. The response is provided within 5 days. A reasoned court decision can help in drawing up an appeal, which in turn can be filed within 15 days from the date of response to your application.
Sample
They say a short appeal helps...
The so-called “short appeal” is a complaint that meets all the requirements for such a document, except one - it does not indicate the grounds on which the decision made is considered incorrect. The Civil Procedure Code does not provide for any brief complaints. This is a design that was born in practice and is quite widely used.
A short complaint is submitted within the appeal period (often on the last day), even if you have not yet received a reasoned decision. The court must leave the complaint without progress and ask that the deficiencies be corrected by setting out the rationale for the stated requirement. Additionally, such a maneuver will force the judge to hurry up with the preparation of the decision in final form.
There are some risks. They consist in the fact that the court can send the complaint to the appellate instance without leaving the case without progress. This would be a violation on his part, but in this scenario, it would be problematic to present his arguments in a higher court.
In addition, there is a need to monitor the determination of leaving the complaint without progress. You can miss the deadline to correct the deficiencies, and then the complaint will be returned to you.
Drawing up an application for a reasoned court decision
The right to demand the drawing up of a reasoned decision belongs to any person participating in the case (Article 34 of the Code of Civil Procedure of the Russian Federation). Other persons do not have this right, and their applications are not subject to satisfaction.
The application is drawn up in free form. In the text of the application, it is necessary to indicate the full name of the civil case for which a reasoned decision is required, that is, indicate its number, names of the parties and the essence of the claims.
The application indicates the full last name, first name and patronymic of the applicant, his procedural position in the case. The applicant must sign his application.
We've sorted out the deadlines, but how to win an appeal?
Most likely you are reading this article because you do not have a legal education. And you probably already lost the case in the first instance. There are still chances to win, but with each next step they become less and less (all possible authorities are written here). Don’t skimp on lawyers – your mistakes will cost more.
Lawyer Vladimir Chikin is always ready to help you - provide advice, prepare procedural documents and protect your interests in court. Write to or call: +7 (499) 390 76 96.
