O.A. Ruzakova, 

Doctor of Legal Sciences, Professor at the Financial University under the Government 

of the Russian Federation, Deputy Chief of Staff of the Committee of the State Duma 

of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial 

(«Arbitrazh») and Procedural Legislation 

This section of the commentary is dedicated to the judicial decision. As noted in paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 19 December 2003 No. 23 «On Judicial Decision», only judgments of the court of first instance, which allowed the case essentially, take the form of decisions. A range of questions that make up the content of the decision is defined in Articles 198, 204–207 of the Civil Procedure Code of the Russian Federation. It is therefore unacceptable to include in resolutive part of the decision the court’s conclusions on the part of claims, which have not adopted the decision on the merits. The judicial decision is adopted on all types of cases (for action proceedings, special proceedings, in cases arising from public relations), except for cases of writ proceedings. The court adjudicates and determines substantive rights and obligations of the parties by the decision. In making the judicial decision it is inadmissible to base on evidences which were not investigated by the court in accordance with the Civil Procedure Code of the Russian Federation, as well as on evidences obtained in violation of federal laws. 

Keywords: comments of legislation; Civil Procedure Code of the Russian Federation; judicial decision.

Information about the author

Ruzakova O.A. (Moscow) – Doctor of Legal Sciences, Professor at the Financial University under the Government of the Russian Federation, Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (Moscow, Okhotniy Ryad st., 1; e-mail: [email protected]).