Legal encyclopedia. The letter P

SOLVING THE JUDICIAL (JUDICIAL SOLUTION)

- this is a kind of judicial act, it is pronounced by the court of first instance, which civil case is resolved on its merits.

SR confirms the existence of subjects of substantive law (the presence or absence of legal relations) and the implementation of procedural law, other legal circumstances, eliminates their controversy, creates a legal opportunity for the unimpeded realization of the law or legally protected interest.

SR is mandatory for everyone to whom it is intended, and is subject to strict observance and execution, i.e. The fulfillment by the subject of the legal relationship of certain actions, or, on the contrary, abstention from committing them.

The court does not create norms of law, it applies them, confirms the existence or absence of rights in the subjects of the legal relationship, transforms legal relations, applies the sanction of the legal norm. SR serves as a legal basis for

Initiation of enforcement proceedings.

If the content of the legal relationship is not specified in the rules of substantive law, the rights and obligations of the parties are specified by the SR taking into account the circumstances and evidence presented in court.

SR consists of introductory, descriptive, motivational and resolutive parts.

In the introductory part, the name of the court, the place and time of the decision, the subject of the dispute, the persons participating in the case, the judge, the secretary of the court session, the persons not attending the hearing, and the reasons for their absence are indicated.

The descriptive part sets forth the claims of the plaintiff, the defendant's objections and explanations of other persons participating in the case, the results of the investigation of written and material evidence.

In the reasoning part of the SR, the court's conclusion is based on how the case should be resolved and what contributed to the adoption of the name of this decision. This part should indicate the circumstances of the case established by the court, the evidence on which the findings of the court are based, and the reasons why the court rejects any evidence, i. The evaluation of the evidence gathered in the case was

Outlines the court's conclusion about the validity or unreasonableness of the claimed requirements. In this part of the decision, the court refers to the rules of substantive and procedural law, with which it was guided, explains the right of the parties to appeal this to S.R.

The operative part of the SR contains a court order to satisfy the claims or to refuse to do so, with whom and for whom the penalty is collected (the amount of money or the item to be transferred), as well as the distribution of court expenses between the parties. The operative part of the SR indicates the term and procedure for appealing it, or refers to its entry into legal force immediately.

A number of requirements are presented to SR; It must be lawful, reasonable (in accordance with the circumstances established by the court), absolutely certain, unconditional, contain all the mandatory requisites. SR must be complete (exhaustive), it must have definitive answers to all the claims stated. It must be specific, contain a response to requirements that would eliminate uncertainty about

Existence between the parties of the legal relationship or its absence, as well as the possibility of various ways of executing the decision, i.e. Solution can not be an alternative. Also, SR must be unconditional: its execution can not be made dependent on the onset or non-occurrence of any conditions whatsoever.