The legal force of decisions of the court of first instance in civil proceedings

Abstract

The scientific article is devoted to the characteristics and analysis of the legal force of the decisions of the court of first instance in the civil process and the legal consequences that arise. The author notes various issues that can be resolved by the decisions of the court of first instance during the consideration and resolution of a civil case, what significance this has for the participants in the process in general and the participants in the case in particular, as a result of which the problem of the legality of the decisions of the first instance court is actualized.
 It is argued that the rulings of the court of first instance in civil proceedings, as well as the court's decision, act as an act of justice. As a result, the analysis of the features of the legal force of the decisions of the court of first instance, compared to the decisions of the court of first instance, is carried out. It is noted that the legal force of the decisions of the court of first instance is their legal effect, which generates such legal consequences as immutability, exclusivity, obligation and prejudice. The specified legal consequences are analyzed, but in the context of the decisions of the court of first instance. It is argued that such a legal consequence as binding is most obviously manifested, since the decisions of the court of first instance must be implemented immediately from the moment they are announced or signed. For this, it is not even necessary to apply to the court for an executive document, as in the case of a court decision, since the decision of the court of first instance simultaneously acts as an executive document. On the other hand, such properties of the legal force of the court's decision as immutability, exclusivity and prejudiciality with respect to the decisions of the court of first instance in civil proceedings are manifested quite peculiarly. If for a court decision that has entered into legal force, immutability means the impossibility of appealing them, then, as a general rule, court decisions after their announcement or from the moment they are signed, that is, from the moment they entered into legal force, can be appealed to the courts of higher instances, and the last to cancel and change them or issue new ones. Exclusivity as a property of legal force is characteristic for some court decisions (for example, decisions closing proceedings in a case), but not for others. In most cases, failure to satisfy applications or petitions based on which resolutions were issued does not prevent a person from submitting identical petitions or applications again. As a rule, this is not characteristic of court decisions. If the prejudicial nature of court decisions clearly follows from the current Code of Criminal Procedure of Ukraine, then such a property according to the decisions of the court of first instance, according to the position of the highest judicial body of Ukraine, is preserved only for those who decide the case on the merits.