Finally, it happened! After a tiring trial, the judge reads the decision. One of the parties to the civil process rejoices, the second does not agree with the decision, because it considers that it was adopted with violations of procedural rules and contrary to the norms of material law. Does this mean that the judicial act is final or is it possible to review it? And when does a court decision come into force after its appeal? We understand the intricacies of the procedural codes that govern the procedure for the entry into force of decisions.
The power of law, the power of decision
To begin with, we will determine what it is, the legal force of a court decision? You should be aware that a judicial act does not acquire legal force immediately after its announcement. The legislator gives some time for appeal, which makes it possible for the dissenting party to appeal it and the court of second instance to correct the errors of the first instance (if any, of course). The legalization of a document means that from now on the document becomes mandatory for all persons who participated in the trial. It acquires the force of law for a certain circle of persons, who, in turn, are obliged to obey and comply with it in accordance with its operative part.
When a court decision comes into force
Since 2012, the following order has been defined:
- If the decision has not been appealed, then it shall become effective from the moment the term for appeal is expired. To date, this period is one month after the decision is completely written by the judge and executed.
- If a court decision has been appealed and has not been quashed, it shall become effective from the moment when the presiding judge reads it to all participants in the process.
- If the decision of the second instance is canceled or, for any reason, amended, then in this case the court decisions come into force immediately.
Consequences of the entry into force of judicial decisions
Legal consequences for the parties arise after the entry of a document adopted by the court into force. The parties will be required to perform those actions (or to evade their fulfillment) that are prescribed in the decision. And another important fact: for the second time on the same issue and in the same situation, the parties can no longer go to court. Nor can they dispute the facts already established by the court in other trials. This ensures the stability of the civil process and the binding decisions for all.
Features of the entry into force of certain judicial acts
The above algorithm, which says when a court decision comes into force, is relevant to the civil process. In criminal proceedings, the sentence by which the defendant is found guilty enters into force after a ten-day period, if he has not been appealed. The acquittal immediately after reading it takes effect and the defendant is released from custody, where he was previously placed.
The validity of the decision of the arbitral tribunal also means that the parties can apply to the judicial authorities in order to protect their interests in the same dispute and in the presence of the same circumstances only once. This ensures the stability of economic relations and protection against unlawful encroachments by any party on the rights of others.
Immediate Execution
The legislation provides for some cases when a decision is enforceable immediately, immediately, without waiting for a time period for appeal. It is also possible to appeal such a decision; the right of participants in the process always remains. Complexity arises even when the execution of the decision is reversed, if subsequently by the second instance it was canceled. But such cases are much less common in practice.
Cases when a court decision comes into force immediately:
- if a court order is issued at the end of the process;
- a decision has been made on the award of monetary support (alimony);
- the decision awarded the unpaid wages in the amount of three months in favor of the employee;
- the employee is reinstated at his former place of work in the event of his illegal dismissal;
- a decision was made to include a citizen of the Russian Federation on the electoral list for voting in a referendum.
The listed examples of decisions are executed immediately regardless of the will of the parties and even the court that adopted it. This is what the law says and its norms are imperative (that is, mandatory). There are cases in which the law gave the court the right, at its discretion, to turn the decision to execution immediately, moreover, a reference to this should be in the text of the decision.
This may be the occurrence of special circumstances in which the decision must be executed immediately, otherwise delayed execution will lead to significant damage and subsequently bring the decision into effect will simply be impossible. The initiative for a court decision must come from the plaintiff. The decision on immediate execution, like all other judicial acts, is taken in the courtroom in the presence of participants in the process.
If the party did not appear in court ...
In practice, there are quite a few cases where a party cannot appear in the courtroom or for some reason simply ignores him. How does a court decision take effect in these cases? After all, all interested persons must be notified of the decision.
The answer is also found in the rules of procedure codes.
If the defendant is not in court, then the law provides for the possibility of reviewing such a decision in a manner different from ordinary decisions. The defendant, who was not present at the trial, has the right to appeal it within a week (seven) days after he receives a copy of the document. Other parties appeal the decision in the usual manner. After the appeal procedure, the decision of the judicial authority acquires the force of law in a specific situation.
So to summarize. The entry into force of a court decision is the enforcement of a court-issued document that is binding on all participants in the process, as well as on state and municipal authorities and administrations and all other persons concerned.