Legal Regulation of Ruling Made at Court of First Instance: General Theory, Concept, and Classification

Abstract

General theoretical issues related to the concept and classification of rulings made by the court of first instance in civil and arbitration proceedings make it possible to study this institution as a whole. This article considers the concepts of judicial act, court decision, and court ruling from the point of view of legal regulation. The author raised the question of analyzing the existing grounds for classifying court rulings, based on the position of the domestic legislator, i.e., the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The current legal regulation of the institute of court rulings needs to be amended, despite the vivid scientific interest to this issue. Judicial acts realize the constitutional right of citizens to judicial protection. With this in mind, the author proposed a number of amendments to the legislation, explained the existing definition of court ruling, and classified the rulings of the court of first instance in the current legal regulation. The objectives of the study were to analyze the domestic legal regulation, the positions of the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation, as well as to review studies that featured these issues. The research relied on the formal-logical and logical-legal methods, as well as on some standard methods of scientific research. As a result, the author developed a number of regulations concerning the definition of court ruling by means of a single concept of a judicial act, as well as some adjustments to the approach to the conditions for appealing rulings of the court of first instance. The paper also considers the aspect related to the extent to which the domestic legal regulation of the institution of first instance court rulings corresponds to the right to judicial protection guaranteed by the Constitution. The author introduced a category of influencing the essence of the final judicial act and, as a result, supplemented the criteria for classifying court rulings on this basis. In general, the article introduces an authentic definition of first instance court rulings and the conditions for appeal.

Keywords

• court rulings
• judicial act
• court ruling
• classification of court rulings
• appeal
• judicial acts
• conditions of appeal