The descriptive part of the arbitration court decision must contain: Arbitration court decision. Concept, essence, meaning of the arbitration court decision. The procedure for making and announcing a decision

The Arbitration Procedure Code of the Russian Federation establishes detailed requirements for the form and content of the decision arbitration court.

It is stated in writing in the form of a separate document, handwritten or executed using technical means.

The decision is signed by the judge, and in the case of a collegial hearing of the case - by all the judges who participated in the decision, including the judge who has a dissenting opinion. Corrections to the decision must be agreed upon and certified by the signatures of all judges in the deliberation room before the decision is announced.

The decision of the arbitration court is made in one copy and attached to the case.

The full decision of the arbitration court must consist of introductory, descriptive, motivational and operative parts (Article 170 of the Arbitration Procedure Code of the Russian Federation).

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 decision; subject of dispute; names of persons participating in the case, names of persons present at the court hearing, indicating their powers.

Description of the solution reflects how the circumstances were presented to the court by the persons involved in the case. This part should contain summary stated demands and objections, explanations, statements and petitions of persons participating in the case.

Motivational part of the decision contains information about what was established during the consideration of the case by the arbitration court. It substantiates the decision made by the court, as well as its conclusions on certain private issues and must necessarily indicate:

• 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 are based, and arguments in favor of the decision made; the reasons why the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case in support of its claims and objections;
• 3) laws and other regulations legal acts which the court was guided by when making its decision, and the reasons why it 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 may also contain references to decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on issues of judicial practice, decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation.

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

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

According to the Arbitration Procedure Code of the Russian Federation, depending on the specifics of the case considered by the arbitration court, other information may be reflected in the operative part of the decision. In particular, if the initial and counterclaims are fully or partially satisfied, the operative part of the decision indicates the amount of money to be recovered as a result of offset.

If the arbitration court established the procedure for executing the decision or took measures to ensure its execution, this must be indicated in the operative part of the decision (Part 5 of Article 170 of the Arbitration Procedure Code of the Russian Federation).

Upon satisfaction of the claim for collection 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 principal debt, losses, penalties (fine, penalties) and interest (Part 1 of Article 171 of the Arbitration Procedure Code of the Russian Federation).

When awarding property, the arbitration court indicates the name of the property to be transferred to the plaintiff, its value and location (Part 2 of Article 171 of the Arbitration Procedure Code of the Russian Federation).

When satisfying a claim regarding a dispute about declaring a writ of execution or another document not subject to execution, according to which collection is carried out in an indisputable (non-acceptance) manner, including on the basis of a notary’s writ of execution, in the operative part of the decision the arbitration court indicates the name, number, date of issue of the document, not subject to execution, and an amount of money that is not subject to write-off (Article 172 of the Arbitration Procedure Code of the Russian Federation).

In a dispute that arose during the conclusion or amendment of an agreement, the operative part of the decision indicates the conclusion of the arbitration court on each disputed term of the agreement, and in a dispute about compulsion to enter into an agreement, the conditions under which the parties are obliged to enter into an agreement (Article 173 of the Arbitration Procedure Code of the Russian Federation).

When making a decision obliging the defendant to perform certain actions not related to the collection of funds or the transfer of property, the arbitration court in the operative part of the decision indicates the person obliged to perform these actions, as well as the place and time of their commission. If such a decision is made in relation to an organization, the court may indicate the manager or other person who is entrusted with the execution of the decision, as well as the deadline for execution. The arbitration court may indicate in the decision that the plaintiff has the right to take appropriate actions at the expense of the defendant with the collection of necessary expenses from him if the defendant does not fulfill the decision within the prescribed period (Article 174 of the Arbitration Procedure Code of the Russian Federation).

When making a decision in favor of several plaintiffs, the arbitration court indicates in what part (share) it relates to each of them or that the right of claim is joint and several. When making a decision against several defendants, the arbitration court indicates in what part (share) each of the defendants must comply with the decision, or establishes that their liability is joint and several (Article 175 of the Arbitration Procedure Code of the Russian Federation).

The operative part of decisions made according to the rules of proceedings in cases arising from administrative and other public legal relations must contain the information provided for in Parts 4–6 of Art. 201, part 3 art. 206, part 2 art. 216 Arbitration Procedure Code of the Russian Federation.

If the court satisfies an application to establish a fact of legal significance, the operative part of the decision indicates the presence of a fact of legal significance, and also sets out the fact itself (Part 2 of Article 222 of the Arbitration Procedure Code of the Russian Federation).

1. Decisions made by the courts must be legal and justified and contain a complete, reasoned and clearly stated response to the plaintiff’s demands and the defendant’s objections, except for cases in which the defendant has admitted the claim.

2. If during judicial trial If it is established that the penalty was imposed in violation of the law, this conclusion of the court must be motivated in the decision with reference to the specific norms of the law that were violated. The court's conclusion about the correctness of the penalty applied is equally subject to motivation.

3. The court must justify in its decision its conclusion about the amount of moral damage to be compensated.

4. Since, by virtue of the comment. Article in the court decision must indicate the law that guided the court, it is necessary to indicate in the reasoning part the substantive law applied by the court to these legal relations, and the procedural norms that guided the court. Along with this, if necessary, one should refer to the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation, containing explanations on the application of a particular rule of law. This possibility remains in cases where the clarifications of the Plenum of the Supreme Arbitration Court of the Russian Federation relate to a norm (element of a norm) of the old Arbitration Procedure Code of the Russian Federation, while this norm (part of the norm) in the current Arbitration Procedure Code of the Russian Federation has not changed.

5. The reasoning part of the decision, which enshrines the court’s refusal to protect the right, must indicate the grounds for qualifying the plaintiff’s actions as abuse of the right, since the refusal to protect the right by the arbitration court is allowed only in cases where the case materials indicate that a citizen or legal entity has committed by a person of actions that can be qualified as abuse of rights (Article 10 of the Civil Code of the Russian Federation), in particular actions aimed at causing harm to other persons.

6. If the claim is satisfied, the reasoning part of the arbitration court’s decision to recognize the transaction as invalid must indicate that the transaction is void. In this case, the consequences of the invalidity of a void transaction are applied by the court at the request of any interested party or on its own initiative.

7. Provisions part 4 comments. the articles provide for the possibility of references in the reasoning part of the arbitration court decision to decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on issues of judicial practice. The right of the arbitration court, when issuing a judicial act, to refer, as an additional justification for its decision, to explanations on issues of judicial practice formulated in the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation, which follows from this provision, corresponds with that enshrined in Art. 127 of the Constitution of the Russian Federation has the authority of the Supreme Arbitration Court of the Russian Federation to give explanations on issues of judicial practice and does not imply the exemption of the arbitration court from the provisions provided for in Art. 120 of the Constitution of the Russian Federation, the obligation, having established during the consideration of a case that an act of a state or other body does not comply with the law, to resolve the case in accordance with the law.

8. Courts must observe the consistency in presenting the decision established by the commentary. article. The content of the stated claims must be reflected in its descriptive part in accordance with the statement of claim.

9. If the plaintiff changed the basis or subject of the claim, increased or decreased its size, this should be indicated in the decision.

10. Courts should keep in mind that the decision is an act of justice that finally resolves the case, and its operative part must contain comprehensive conclusions arising from the factual circumstances established in the reasoning part.

11. The decision is made on all claims stated by the plaintiff. If several claims are combined in one proceeding or the court accepts for consideration a counterclaim or a claim of a third party who has made independent claims regarding the subject of the dispute, the operative part of the decision must state what exactly the arbitration court ruled on each claim (or a separate solution for each of the requirements). At the same time, the arbitration court does not have the right to resolve the issue of the rights and obligations of persons not involved in the case.

12. The operative part of the decision must clearly formulate what exactly the court ruled both on the initially stated claim and on the counterclaim, if it was stated, who, what specific actions should be taken and in whose favor, for which party the disputed claim was recognized right. The court must resolve other issues specified in the law so that the decision does not cause difficulties in execution (Part 5 of Article 170, Articles 171 - 175, 195, 222 of the Arbitration Procedure Code of the Russian Federation). If the stated claims are denied in whole or in part, it is necessary to indicate exactly to whom, in relation to whom and what was denied.

13. When declaring a transaction invalid, the court must determine the specific measures necessary to bring the parties to their original position: who should take what specific actions and in whose favor; about the return of funds. These issues cannot be resolved by presenting independent claims to the arbitration court, but must be resolved simultaneously with the recognition of contracts as invalid, also in order to eliminate the possibility of disputes during execution.

14. In cases where the decision is subject to immediate execution or the arbitration court comes to the conclusion that this is necessary (parts 2 - 6 of Article 182 of the Arbitration Procedure Code of the Russian Federation), a corresponding indication must be made in the decision.

15. Since in claims for recognition the question of the existence or absence of a particular legal relationship or individual rights and obligations of the persons participating in the case is resolved, the arbitration court, when satisfying the claim, is obliged, if necessary, to indicate in the operative part of the decision the legal consequences that entail such recognition.

Therefore, from the technique of drawing up the operative part court decision depends on the understanding of the interested parties of the content of the legislation, their rights and obligations, and the consequences of the entry into force of judicial acts. The special role of the operative part of a court decision in the issue of the enforceability of a judicial act is indicated by clause 2.3 of the Program for Improving the Efficiency of the Activities of Arbitration Courts Russian Federation in 1997-2000 (hereinafter referred to as the Efficiency Improvement Program): “The incomprehensibility, cumbersome wording, and unjustified use of special terms in it may jeopardize its implementation.

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

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

Contents of the arbitration court decision

Firstly, from the reasoning part it follows how justified the decision is, what evidence available in the case confirms the conclusions of the arbitration court.

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

Arbitration process

The arbitration court, upon accepting the decision, recognizing the need to further examine the evidence or continue to clarify circumstances relevant to the case, resumes the trial and issues a ruling. The introductory part 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 decision; subject of dispute; names of persons participating in the case, names of persons present at the court hearing, indicating their powers.

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

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

What is the operative part of a court decision?

The reason for its separate announcement

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

It consists of the following sections.

Reasons for the separate announcement of the operative part.

Arbitration court decision

laws and other normative legal acts that the court was guided by when adopting, and the reasons why 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 may contain references to decisions of the Plenum of the Supreme Court of the Russian Federation and the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation that have remained in force on issues of judicial practice, as well as to decisions of the Presidium of the Supreme Court of the Russian Federation and decisions that have remained in force of the Presidium of the Supreme Arbitration Court of the Russian Federation.

Procedural form of decision.

The decision of the arbitration court is stated 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 presented 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 collegial hearing of the case - by all judges who participated in the decision, including the judge who has a dissenting opinion.

In accordance with paragraph 5 of paragraph 1 of Article 8 of the Federal Law “On Enforcement Proceedings,” one of the mandatory details of a writ of execution is the operative part of a judicial act or an act of another body, which is entirely transferred to the content of the writ of execution. 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.

The arbitration court's decision consists of:

Introductory part (corresponds to the preparatory stage of the meeting),

Descriptive (examination of evidence and clarification of circumstances),

Motivation (judicial debate and completion of the case) and

Resolution (decision making).

Introductory part of the decision must contain the name of the judicial act, the decision, an indication that it was adopted in the name of the Russian Federation, the name of the arbitration court that made the decision (the name of the subject of the Russian Federation or the Supreme Arbitration Court when it makes a decision at first instance), the composition of the court (surnames and initials of the judges), case number, date and place of the decision (if the meeting was held in another locality, the name of this point is indicated, and not the official location of the court), the subject of the dispute (i.e. the short name of the demands), the name of the persons participating in the case, the names and initials of the persons present at the meeting, indicating their powers (numbers and dates of powers of attorney, warrants, orders, contracts, minutes of meetings, etc.).

IN descriptive Parts of the decision briefly indicate the essence of the claim or other requirements, the defendant’s objections, explanations of third and other parties, the content of statements and petitions filed and considered during the trial, the results of their consideration by the court, indicating the reasons why they were satisfied or rejected.

Main purpose motivational part of the decision is a description of the motives for making the decision, i.e. those arguments that explain why the court made this particular decision. The motives (or reasons) for making a decision are explained in the logical sequence in which the decision was made. In particular, the motivation part indicates:

a) established factual circumstances,

b) evidence that formed the basis for the court’s conclusions in establishing the circumstances and which the court rejected, indicating the reasons for not accepting it;

c) those norms of laws and other normative legal acts that guided the court when making a decision.

Resolution part of the decision must contain conclusions about the satisfaction or refusal of each stated claim, including counterclaims. If several plaintiffs and defendants are involved in a case, the decision will indicate how the dispute is resolved in relation to each of them. If the initial and counterclaims are fully or partially satisfied, the operative part of the decision shall indicate the amount to be recovered as a result of offset. The operative part of the decision indicates the distribution of legal costs among the persons participating in the case. If the arbitration court establishes the procedure for executing a decision (including calling for immediate execution of the decision) or takes measures to ensure its execution, this is indicated in the decision.

With regard to a number of decisions of arbitration courts, the APC specifically stipulates what should be reflected in the operative part of the decision.

Thus, when satisfying a claim for the collection of funds, in the operative part of the decision, the arbitration court indicates the total amount of amounts to be collected with a separate definition of the principal debt, losses, penalties (fine, penalty) and interest. This establishes “transparency” of civil obligations or administrative duties.

According to Part 2 of Art. 171 of the APC, when awarding property, the arbitration court indicates the name of the property to be transferred, its value and location. This rule makes it possible, if the debtor does not have property in kind, to determine its actual value within the framework of enforcement proceedings, thereby facilitating the implementation of enforcement actions.

For a dispute that arose during the conclusion or amendment of an agreement, the operative part indicates the decision on each disputed term of the agreement, and for a dispute about being forced to enter into an agreement, the conditions under which the parties are obliged to enter into an agreement are indicated.

When making a decision obliging the defendant to perform certain actions not related to the transfer of property or the collection of sums of money, the arbitration court in the operative part of the decision indicates who, where, when or within what period of time is obliged to perform these actions. In this case, the court may indicate the head of the organization or another person (if the defendant is a legal entity) who is entrusted with the execution of such a decision. If necessary, the court may indicate that if the defendant does not comply with the decision, then the plaintiff has the right to take appropriate actions at the expense of the defendant and recover the necessary expenses from him.

In the case of invalidating a normative or non-normative act of a state body, local government body or other body, a decision or action (inaction) of an official (for example, a bailiff), the operative part of the decision must contain: the name of the body or person that made the relevant act or performed the action, number, date of adoption of the act or commission of the act, name of the contested act, as well as the act for compliance with which the contested act was verified, if necessary, an indication of the deadline for notifying the court about the execution of the decision.

When satisfying the requirement to declare a refusal to state registration or evasion of registration illegal, the arbitration court in the operative part of the decision obliges the relevant state body to carry out such registration.

If the court satisfies an application to establish a fact of legal significance, the decision must set out the established fact. The decision of the arbitration court to establish a fact of legal significance serves as the basis for registration of such a fact or for the registration of rights that arise in connection with the established fact by the relevant authorities.

In bankruptcy cases, the content of the decision must correspond general rules which are given above. At the same time, additional requirements for the content of the decision of the arbitration court to declare the debtor bankrupt and to open bankruptcy proceedings, to refuse to declare the debtor bankrupt and other decisions made in this proceeding are expressly established in Federal law"On insolvency (bankruptcy)."

When making a decision in favor of several plaintiffs, the arbitration court in the operative part of the decision indicates in what part (share) it applies to each of them, or indicates that the right of claim is joint and several.

If the decision is made against several defendants, the court also indicates the share of each of them (for example, to recover 100,000 rubles from one defendant, 40,000 rubles from another), but if the claim is joint (for example, against the debtor and the guarantor), the court indicates joint recovery from both (or more) defendants.

The content of the decision is almost a mirror image of the course of the trial. The decision of the arbitration court consists of an introductory part (corresponding to the preparatory stage of the meeting), a descriptive part (examination of evidence and clarification of circumstances), a motivational part (judicial debate and the end of the consideration of the case) and a operative part (making a decision).

Introductory part of the solution

The introductory part of the decision must contain the name of the judicial act (decision), an indication that it was adopted in the name of the Russian Federation, the name of the arbitration court that made the decision (the name of the arbitration court of a constituent entity of the Russian Federation or the Supreme Arbitration Court of the Russian Federation when it makes a decision at first instance), composition of the court (surnames and initials of the judges), case number, date and place of the decision (if the meeting was held in another locality, the name of this point is indicated, not the official location of the court), the subject of the dispute (i.e. short name requirements), names of persons participating in the case, surnames and initials of persons present at the meeting, indicating their powers (numbers and dates of powers of attorney, warrants, orders, contracts, minutes of meetings, etc.).

3. Descriptive part of the solution

The descriptive part of the decision briefly indicates the essence of the claim or other claims, the defendant’s objections, explanations of third and other parties, the content of statements and petitions filed and considered during the trial, the results of their consideration by the court, indicating the reasons why they were satisfied or rejected .

4. Motivational part of the decision

The main purpose of the motivational part of the decision is to describe the motives for making the decision, i.e. those arguments that explain why the court made this particular decision. The motives (or reasons) for making a decision are explained in the logical sequence in which the decision was made. In particular, the motivation part indicates:

Established factual circumstances, i.e. facts of substantive law that form the basis of the legal relations of the parties and characterize them in dynamics. In addition to substantive facts, the court may also indicate in its decision procedural facts, for example those relating to the substance of the dispute. Sometimes great importance To consider the case, it is necessary to establish the legal status of the party (for example, whether the plaintiff had the rights legal entity, entering into controversial relations with the defendant). If the court considers some circumstances to be unestablished, the decision must explain the reasons why the court came to such conclusions;

The evidence that formed the basis for the court’s conclusions in establishing the circumstances, with the substantiation of its argumentation in favor of its acceptance, in relation to the evidence, arguments and objections of the persons participating in the case, which the court rejected, the reasons why they were not accepted are indicated;

The norms of laws and other regulatory legal acts that guided the court when making a decision. If in the reasoning part of the decision the court limits itself to a description of the factual circumstances and assessment of the evidence, its conclusions and arguments in their favor, the decision cannot be considered motivated.

If the court did not apply any laws and other normative legal acts referred to by the persons participating in the case, it must indicate the motives (reasons) for this. At the same time, even satisfying the claim, the court may characterize the relationship of the parties completely differently than the plaintiff.

The importance of indicating in a decision the laws and other normative legal acts that guided the court when making a decision is also confirmed by the fact that the absence of such an indication may be regarded by the court of appeal or cassation as non-application of the law, which is grounds for canceling the decision (Part 2 Art. 270 and Part 2 of Art. 288 of the Arbitration Procedure Code of the Russian Federation).

In the reasoning part of the decision, the court must justify its conclusions regarding the distribution of legal costs between the parties, ensuring the execution of the decision or refusal to provide security, the procedure for executing the decision, different from the generally accepted one, etc.

In accordance with Part 3 of Art. 49 of the Arbitration Procedure Code of the Russian Federation, the defendant has the right to admit the claim in whole or in part. If the recognition of the claim expresses the actual will of the defendant, does not contradict the law and does not violate the rights and interests of other persons, it is accepted by the court, and the parties are released from proving factual circumstances. In this case, the Arbitration Procedure Code of the Russian Federation also frees the court from the need to justify the decision by which the claim is satisfied: the reasoning part of the decision only indicates the recognition of the claim by the defendant and the acceptance of the recognition by the court.

The significance of the reasoning part of the arbitration court’s decision lies in a number of aspects.

Firstly, from the reasoning part it follows how justified the decision is, what evidence available in the case confirms the conclusions of the arbitration court. The arbitration court cannot simply state the presence or absence of certain circumstances in the case; it must do this with reference to the case materials examined at the trial stage. This reveals one of the significant differences between justice and other forms of jurisdictional activity, associated with the need for courts to motivate their decisions in detail (unlike the decisions of many civil jurisdiction bodies).

Secondly, the circumstances set out by the arbitration court in the reasoning part of the decision, upon its entry into legal force, have prejudicial significance and are exempt from proof if the same persons are involved in another case (Part 2 of Article 69 of the Arbitration Procedure Code of the Russian Federation).

Thus, we can conclude that the motivation part is a key part of the decision; the information contained in it is the subject of research in the courts of appeal, cassation and supervisory instances; often it is the motivational part that is the basis for regulating subsequent relations between the parties and other participants in economic turnover.

More on the topic § 3. Contents of the arbitration court decision 1. Structure of the decision:

1. Actual conflicts (based on decisions of the Constitutional Court of the Russian Federation and the constitutional courts of the republics within Russia on declaring normative legal acts unconstitutional)