Explanation of the court decision: what you need to know. Application for clarification of the appeal ruling sample Sample petition for clarification of the court ruling

from 10/05/2019

At the stage of execution of judicial acts, it may be necessary to file an application for clarification of the court decision. Moreover, such an opportunity is available to other persons involved in the case, as well as bailiff-performer within the framework. What this procedure is and what it can be used for will be discussed below.

It makes sense to file an application for clarification of a court decision in cases where the procedure for execution is not clear. There may be inaccuracies in wording. Or the court decision is not clear for other reasons.

The procedure for filing and considering an application for clarification of a court decision is contained in Article 202 of the Code of Civil Procedure of the Russian Federation. The Plenum of the Supreme Court of the Russian Federation explained the procedure in more detail in Resolution No. 23 dated December 19, 2003 (“On the Judgment”). Strict rule: a court decision cannot be changed under any circumstances. Even partially. The court is obliged to consider the application for clarification of the court decision and present it in a more complete and clear form.

Application example

To the Neman City Court

Kaliningrad region

address: 238710, Neman, st. Moskovskaya, 17, apt. 49,

within the framework of case No. 2-174/2021

The Neman City Court of the Kaliningrad Region made a decision to recognize the ownership of a land plot located at the address: Neman, st. Morskaya, house 45. The court decided to satisfy the demands of Veronika Stepanovna Kobrina to the Administration of the city of Neman. The operative part of the decision was announced on December 17, 2021. in full rendered and served December 20, 2021 entered into legal force 01/21/2022

An application for clarification of the court decision is drawn up in writing. Important condition: the court decision has not yet been executed (for example,). And the deadline for its execution has not expired (the deadline for presenting writ of execution is 3 years).

The text of the application must contain:

date of the decision and its entry into force;
what, in the applicant’s opinion, is the inaccuracy or ambiguity of the wording and why such inaccuracies make it difficult to enforce the decision.

If the applicant tried to enforce the decision, but received a refusal from officials, be sure to submit a copy of such refusal along with an application for clarification of the court decision.

Consideration of the application in court

The petition is being considered in. The court will notify the persons involved in the case of the date and time. And such persons, naturally, can submit their objections to the application. For example, justify the absence of the need for clarification. The failure of persons to appear does not affect the possibility of consideration of the application on its merits.

The decision on the application is formalized. The court issues a ruling on the day the application is considered. And he must hand it over to the persons who appear. The applicant or any other participant in the case may apply for a court ruling. If the complaint is not received, the ruling on the application for clarification of the court decision came into force after 15 days.

Clarifying questions on the topic

Victor Mikhailovich

Sample statement for clarification court decision taking into account latest changes legislation of the Russian Federation.

There are often cases when, after a court decision is made, the parties still have questions regarding the justification of the court decision. In such situations, the legislation provides for the possibility of any person participating in the case to appeal to the court with a request for an explanation of the decision made, because often it is the explanation that given by the court, can help the parties in such matters as the beginning of the execution of a court decision or the detailed execution of some individual instructions in a court decision.

An explanation of the decision made by the court does not affect its change, but only indicates the correct execution of this decision and the reasons why this decision was made in this particular form.

Any participant in the process can turn to the court for an explanation of the decision, but only until the decision is executed.

To obtain clarification on a court decision, the person interested in this submits an application to the court that made the decision, in which he indicates in what part, in his opinion, this decision needs clarification.

To explain the court decision, the court appoints a separate meeting, in which the court explains to the parties as fully as possible the grounds on which this decision was made. It is expected that all persons who took part in the case should be present during the court's explanation, but the failure of these persons to appear at the hearing of the court's explanation does not in any way affect the course of the meeting.

If the applicant who filed a petition for clarification of the court decision is for some reason not satisfied with the clarification received, then the law gives the applicant the right to appeal the clarification given by the court by filing a private complaint regarding the clarification issued.

Filing an application for clarification of a court decision is not subject to state duty.

(full name, residential address, contact details,
procedural position in business)

Statement

on clarification of the court decision

By the decision of _________________ (indicate the name of the court) from “__” “__________” “__” (date of the decision) in the case of ____________ (indicate the essence of the civil case) plaintiff __________ (full name of the plaintiff) to the defendant (full name O. of the defendant) it was found that __________ (indicate what decision was made by the court).

The above court decision has not yet been implemented.

The court decision made requires clarification in _________ (indicate in which part of the court decision requires clarification), since _______________________ (indicate ambiguous or unclear provisions of the court decision).

Based on the above and guided by the provisions of Art. 202 Code of Civil Procedure of the Russian Federation,

Ask:

1. Explain the court decision from “__” “__________” “__” (date of decision) in the case of ____________ (indicate the essence of the civil case) plaintiff __________ (full name of the plaintiff) to the defendant (full name defendant).

At the stage of execution of judicial acts, it may be necessary to file an application for clarification of the court decision. Moreover, such an opportunity is available to the plaintiff, defendant, third party, other persons participating in the case, as well as the bailiff within the framework enforcement proceedings.

It makes sense to submit an application for clarification of a court decision in cases where the procedure for execution is not clear, there are inaccuracies in the wording or other circumstances. An explanation of the court decision cannot change the outcome of the consideration of a civil dispute in accordance with statement of claim or an application in a special proceeding.

The legal basis for preparing and filing an application for clarification of a court decision is Article 202 of the Code of Civil Procedure of the Russian Federation, as well as Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 19, 2003 No. 23 (“On the court decision”). In the latter, in particular, it is separately explained that the court decision cannot under any circumstances be changed, including partially. The court is obliged to consider the application for clarification of the court decision and present it in a more complete and clear form.

Application for clarification of the court decision(15.5 KiB, 49 hits)

Example of an application for clarification of a court decision

Application for clarification of the court decision

The Neman City Court of the Kaliningrad Region made a decision to recognize the ownership of a land plot located at the address: Neman, st. Morskaya, house 45: the demands of Veronika Stepanovna Kobrina to the Administration of the city of Neman were satisfied. The operative part of the decision was announced on December 17, 2017, the full decision was made and served on December 20, 2017, and entered into legal force on January 21, 2018.

To date, the court decision has not been executed, since in accordance with the Civil Code of the Russian Federation, the right to a land plot is subject to mandatory state registration. In accordance with the explanation of the Rosreestr Office, the court decision does not contain information about what category of land the land plot, ownership of which is recognized by the plaintiff, belongs to, as well as the permitted type of use. The specified information is necessary to obtain public services in the form of state registration of rights.

Based on the above, guided by art. 202 Code of Civil Procedure of the Russian Federation,

To explain the decision of the Neman City Court of the Kaliningrad Region dated December 20, 2017 on the claim of V.S. Kobrina. to the Administration of the city of Neman on the recognition of ownership by acquisitive prescription of a land plot at the address: Neman, st. Morskaya, 45.

A copy of the application;
A copy of the refusal of the Rosreest Office to perform registration actions

02.25.2018 Kobrina V.S.

How to draw up and submit an application for clarification of a court decision

An application for clarification of a court decision if there are ambiguities or inaccuracies in it is submitted to the court that considered the case on the merits. The document is drawn up in written form. An application can be sent within the framework of enforcement proceedings, but before it is carried out. You can explain the court decision by filing the application in question before the start of its enforcement (for example, foreclosure on property) and no later than the deadline for submitting the writ of execution (3 years).

The text of the application must contain:

date of the decision and its entry into force;
which, in the applicant’s opinion, reflects the inaccuracy or ambiguity of the wording in the decision, which makes it difficult to enforce such a decision.

If the applicant tried to enforce the decision, but received a refusal from officials, be sure to submit a copy of such refusal along with an application for clarification of the court decision.

Consideration of an application for clarification of a court decision

Such a request is considered in court hearing with notification of the persons involved in the case. Naturally, they can present their objections and justify the absence of the need to clarify decisions. The failure of persons to appear does not affect the possibility of consideration of the application on its merits.

The decision on the application is formalized by a court ruling, which is issued on the day of consideration of the application and to which it can be filed private complaint. If the application for clarification of the court decision is granted, a ruling is issued to clarify the court decision, which comes into force after 15 days.

Application for clarification of the court decision

An application for clarification of a court decision is submitted to the court, which considered the case on the merits and made this decision. Clarification is one of the ways to eliminate the shortcomings of the decision, ambiguity in its execution, inaccuracy and vagueness. At the same time, the court does not have the right to change the court decision under the guise of clarification.

When to file an application for clarification of a court decision

An explanation of the decision is most often required in case of difficulties in its implementation. The persons participating in the case have the right to go to court (Article 34 of the Code of Civil Procedure of the Russian Federation), or bailiff. The right to apply for an explanation of a court decision is enshrined in Article 202 of the Code of Civil Procedure of the Russian Federation. Explanation of a decision is allowed only before its actual execution. The period for filing such an application is also limited by the period for submitting executive documents for execution.

According to Federal law“On Enforcement Proceedings” writs of execution issued on the basis of judicial acts can be presented for execution within three years from the date of entry judicial act into legal force or the end of the period established when granting a deferment or installment plan for its execution. Court orders may be presented for execution within three years from the date of their issue. Enforcement documents containing demands for the collection of periodic payments may be presented for execution during the entire period for which the payments are awarded, as well as within three years after the end of this period.

How to draw up and submit an application for clarification of a court decision

The text of the application must describe in detail what the shortcomings of the decision are. The state fee when filing such an application in court is not paid. In addition to court decisions, clarification of other court decisions can be submitted in a similar manner.

After receiving the application, the court schedules a court hearing, the time and place of which it notifies the parties, as well as the bailiff if the decision is enforced. The failure of the parties to appear at the court hearing is not an obstacle to consideration of the issue.

Based on the results of consideration of the issue of clarification of the decision, the court issues a ruling by which it clarifies the court decision or refuses to satisfy the application. A court ruling can be appealed by filing a private complaint against the court ruling in court appellate court.

Sample application for clarification of a court decision

IN ______________________
(name of court)
from _____________________
(full name, address)

Application for clarification of the court decision

“___”_________ ____ the court made a decision (ruling) on civil case according to the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (what the case is about), by which _________ (indicate how the case is resolved).

The court decision has not yet been executed, and the period during which the court decision can be enforced has not expired.

During the execution of the decision, ambiguities arose in the decision that complicate its execution, namely _________ (indicate what the ambiguity, inaccuracy, difficulties in execution are court order).

Based on the above, guided by Article 202 of the Civil procedural code RF,

Explain the decision (ruling) of the court dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (what the case is about).

List of documents attached to the application:

Documents confirming the existence of grounds for explaining the court decision

Date of application “___”_________ ____ Signature _______

Download a sample application:

Application for clarification of the court decision(15.0 KiB, 1,202 hits)

Sample Application for clarification of the court decision and clarification of the executive document issued on its basis

If the decision made by the court is unclear to any of the persons participating in the case, the court, in accordance with Art. 202 of the Code of Civil Procedure of the Russian Federation, has the right to clarify it without changing the content of the decision.

The same applies to the writ of execution (writ of execution, if we're talking about about the court decision).

To obtain an explanation of a decision or a writ of execution, a person interested in clarification must apply to the court with a corresponding application (a sample of such an application is given in this publication).

An application for clarification of the decision is considered in a court hearing with notification of all persons participating in the case and the bailiff (if the question is also raised about clarification of the writ of execution).

from the Defendant: Irina Ivanovna Ivanova
(address, telephone)

Plaintiff: Administration ________
(address, telephone)

Third parties: 1. Ministry of Energy of the Russian Federation
107996, Moscow, st. Shchepkina, 42

2. Ivanov Ivan Ivanovich
(address, telephone)

3. Ivanova Natalya Ivanovna
(address, telephone)
Bailiff
Pervomaisky OSSP: (full name, OSSP address)

STATEMENT
on clarification of the court decision
and explanation of the executive document issued on its basis
(in accordance with Article 202 of the Code of Civil Procedure of the Russian Federation and Article 32 of the Law “On Enforcement Proceedings”)

" " _______ 2014 __________ district court of _____ Kemerovo region made a decision in civil case No. 2-___/2014 on the claim of the Administration of ___________ against Ivanova I.I. on compulsion to conclude an agreement for the gratuitous transfer of a residential building and its registration. The plaintiff’s demands were satisfied in full: Ivanova I.I. obliged by the court to conclude an agreement with the administration ________ on free transfer residential building No. _ on the street. _________ in the city of ________ within five working days from the date the court decision enters into legal force. Also Ivanova I.I. is obliged by the court to submit an agreement on the gratuitous transfer of the specified residential building within three working days from the date of conclusion on state registration to the territorial Office of Rosreestr.

Based on the results of the review appeal defendant Ivanova I.I. Judicial Collegium for Civil Cases of Kemerovo regional court left the said decision of the court of first instance unchanged (determination dated "" _____ 2014).

In relation to the said decision of the ________ district court of ________, the defendant Ivanova I.I. there are ambiguities regarding its execution that require clarification from the court.

By this decision, the defendant is obliged to conclude an agreement for the gratuitous transfer of the above-mentioned residential building and submit it for state registration within three working days from the date of conclusion. The same requirements are contained in the writ of execution issued to the administration of the city of ________ on the basis of this decision.

However, the decision (like the writ of execution) does not contain an indication of the content of the agreement, the conclusion of which the court forced the defendant to conclude, and the plaintiff did not transmit to the court of first instance the text of the agreement to compel the conclusion of which the claims were made. Normatively, the form of the agreement on the gratuitous transfer of residential visits when providing social benefits not approved by any Government Decree Russian Federation dated July 13, 2005 N 428, or any other regulatory act.

A standard agreement on the free transfer of residential premises into ownership was presented only at the request of the court of second instance, however this agreement was not the subject of consideration by the court of first instance, the plaintiff’s claims in relation to the text of the agreement were not specified, the contested judicial acts did not provide the content of the agreement, which the defendant was obliged to conclude. Also, the contested judicial acts do not contain any reference to any standard contract, which should guide their implementation.

Defendant Ivanova I.I. IT IS UNCLEAR WHAT SPECIFIC CONTENT OF AGREEMENT SHE IS OBLIGED TO SIGN on the basis of the decision of the ________ District Court of the city ________ of the Kemerovo Region dated " " ______ 2014 that has entered into legal force.

In accordance with paragraph 1 of Art. 202 of the Code of Civil Procedure of the Russian Federation, if the decision is unclear, the court that adopted it, at the request of the persons participating in the case, the bailiff, has the right to explain the court decision without changing its content. An explanation of a court decision is allowed if it has not been enforced and the period during which the court decision can be enforced has not expired.

If the provisions of the writ of execution, the method and procedure for its execution are unclear, the debtor has the right to apply to the court, another body or to official, who issued executive document, with a statement for clarification of its provisions, the method and procedure for its execution (Article 32 of the Law “On Enforcement Proceedings”).

Based on the above, and guided by paragraph 1 of Art. 202 Code of Civil Procedure of the Russian Federation, Art. 32 of the Law “On Enforcement Proceedings”,

to explain the decision of the ______ district court of the city ________ Kemerovo region dated " " _______ 2014 in civil case No. 2-___/2014 on the claim of the Administration of ___________ against Ivanova I.I. on compulsion to conclude an agreement for the gratuitous transfer of a residential building and its registration, as well as a writ of execution issued on the basis of this judicial act, namely to explain:

What is the specific content of the agreement on the free transfer of residential building No. __ on the street. _______ in the city ________ Kemerovo region, defendant Ivanovo I.I. is obliged to sign, on the basis of the final decision of the _______ District Court of the city _________ Kemerovo Region dated " " ______ 2014, what is an exhaustive list of conditions that such an agreement must contain.

"_______" _________ 2015

defendant Ivanova I.I. _______________

Total comments: 10

Hello! Determinations that exclude the possibility of further progress of the case include decisions on refusal to explain the court decision (Article 202 of the Code of Civil Procedure). A decision was made in the civil case, but the decision was left unchanged by the appeal ruling. The defendants filed a cassation appeal to the presidium of the regional court and an application for clarification of the court decision and appellate ruling to the court of first instance, which issued a ruling refusing to explain the decision. Doesn't it prevent this procedure, incl. if a private appeal is filed against the ruling on the refusal of an application for clarification of the decision in the consideration by the Presidium of the regional court of the cassation appeal against the court's decision and could this be a reason for refusal to transfer it for consideration to cassation?

By a court decision, I was recognized as the owner of two adjacent garden plots, indicating the cadastral numbers of these plots. This was in 2012. Due to the fact that the court decision was issued a month after the trial, the action cadastral passport to the plots ceased and they were removed from cadastral registration. For a new cadastral registration, it is necessary that the court decision does not contain the old cadastral numbers. How to write an application for clarification of a court decision? Thank you in advance

Hello Irina!
There is a similar sample on our website and you can use it in relation to your situation. If it doesn’t work out, contact us, we will help.

Court decision: “Demolish the chain-link fence to ensure passage...” The court decision has been implemented. Two years later, the defendant built a stone fence in the same place. How to go to court - with a new claim?

Hello, Oleg!
If the court decision does not prohibit the defendant from installing any other new fence in place of the old fence, then yes, you will have to apply, since the court demolished the chain-link fence, now the situation is different.

By decision of the court, a division of the residential building was carried out, as a result of which part of the premises in the house was allocated without our consent. We cannot fulfill the decision, since we received a refusal from the cadastral chamber to register it for cadastral registration. This results in the refusal to register the right. Initially, we pointed out these circumstances in court. I only gave a touch. Should I file an application for clarification of the appeal determination?

Can a court decision that has not entered into legal force be clarified?

Hello, Sergey!
Maybe:
Article 202 of the Code of Civil Procedure of the Russian Federation. Explanation of the court decision
1. If the decision is unclear, the court that adopted it, at the request of the persons participating in the case, the bailiff, has the right to explain the court decision without changing its content. An explanation of a court decision is allowed if it has not been enforced and the period during which the court decision can be enforced has not expired.

Good evening. Tell me what to write in the application for clarification of the court decision. text of the decision: Ivanov’s claim against Sidorov for recognition of ownership of the share land plot to satisfy.
Recognize Ivanov's ownership of the land. school No. 1 sq. 278 sq. m., located at the address: Moscow, Mashin street, d4 with cadastre number 666666, within the boundaries specified in the draft definition of the procedure for land use. uch. from 09.09.2015

Hello, Elena!
What is not clear to you in the stated text of the operative part, what should be the clarification?

180. Application for clarification of the ruling of the court of second instance

At the time of the dispute about the right to an explanation of the ruling of the court of second instance arbitrage practice By controversial issue was not publicly available. Submitting an application for clarification of the definition cassation instance Moscow City Court (before the changes in the Code of Civil Procedure of the Russian Federation of the second court), the representative of the defendants proceeded from the analogues of the law and the impossibility of appealing an incomprehensible judicial act.

The deputy chairman of the court, G.A. Agafonova, not being a judge in the case, prevented the implementation of the right by returning the application with explanations. Meanwhile, according to Art. 202 of the Code of Civil Procedure of the Russian Federation and similar laws, the decision on the application for clarification is made by the court that adopted it.

After the introduction of the appellate body to consider complaints against decisions district courts the right to an explanation of the court decision of the second instance court was secured judicial practice formed by the Resolution of the Plenum Supreme Court.

"56. The appellate court, guided by Part 2 of Article 200 of the Code of Civil Procedure of the Russian Federation, has the right, on its own initiative or at the request of persons participating in the case, to correct clerical errors or obvious arithmetic errors made in the appeal ruling, as well as to consider applications from persons participating in the case for clarification of the appeal ruling , which changed the decision of the court of first instance or made a new decision (Article 202 of the Code of Civil Procedure of the Russian Federation), and on the revision of the appeal ruling due to newly discovered or new circumstances (Chapter 42 of the Code of Civil Procedure of the Russian Federation).

The attention of the appellate courts should be drawn to the fact that, based on the requirements of Articles 200, 202, 396 of the Code of Civil Procedure of the Russian Federation, applications for correction of a clerical error or obvious arithmetic error, for clarification of the appellate ruling that changed the decision of the trial court or made a new decision, as well as an application , the proposal to revise the appeal ruling due to newly discovered or new circumstances is considered by the appellate court in a court session with notification of the persons participating in the case.”

Resolution of the Plenum of the Supreme Court dated June 19, 2012 N 13 “On the application by courts of civil norms procedural legislation regulating proceedings in the appellate court"

To the Judicial Collegium for Civil Cases

Moscow City Court

ADDENDUM TO THE APPLICATION

1. On October 21, 2011, we filed an application for clarification of the judicial act. The application was sent to the judicial board under No. 84456 for making a decision and to the chairman of the Moscow City Court under No. 84457 to ensure our right to personal participation in the court hearing.

2. Deputy Chairman of the Court G.A. Agafonova, having unacceptably interfered with the work of the court, refused to submit the application for consideration by the judicial panel and refused to give us an explanation, which she reported in her letter dated November 3, 2011.

G.A. Agafonova believes that “ current legislation there is no provision for clarification of the determination of the judicial panel for civil cases of the Moscow City Court, which left the court decision unchanged.

I clarify that if you disagree with the court’s rulings, you have the right to appeal them in the manner prescribed by law by filing supervisory complaint to a higher court - the Presidium of the Moscow City Court, in which you have the right to refer, inter alia, to the arguments set out in this complaint, after which the results of the consideration of your civil case in the said court, including the legality of the court decision and the legality procedural actions the court, when rendering it, will be verified by the supervisory court.”

We find these statements by G.A. Agafonova questionable and not based on the law:

- Art. 202 of the Code of Civil Procedure of the Russian Federation guarantees our right to an explanation of a judicial act;

- we do not know of any law other than the Code of Civil Procedure of the Russian Federation that defines other, special powers of the Moscow City Court, including the law that “does not provide for the possibility of explaining the determination of the judicial panel in civil cases of the Moscow City Court”;

- the right to an explanation of an incomprehensible judicial act is an independent right and the right to appeal a judicial act to supervisory procedure does not deprive us of the opportunity to ask the court for clarification; This right of ours is absolute and not limited by law.

The refusal to clarify the court ruling dated September 22, 2011 prevents judicial protection, because deprives us of the full opportunity to use the law to protect our rights.

With this addition we return for consideration judicial panel without the participation of the Administration, an application dated October 21, 2011 for clarification of the court ruling dated September 22, 2011 on the grounds of Part 4 of Art. 1, art. 13 and Art. 202 of the Code of Civil Procedure of the Russian Federation.

copy of GA Agafonova’s response dated November 3, 2011

November 2011 ______________________ (full name)

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How to correctly draw up a petition for clarification of a court decision?

Sometimes, after receiving a court decision, there is no clarity in the case. Unclear conclusions, vague provisions and unclear wording are all reasons to file an application for clarification of the court's decision. How to draw up a petition correctly and how to avoid mistakes when filing it?

Explanation of the court decision: concept and need for application

Explanation of the court decision – legal way eliminate inaccurate wording in the judicial act. It is aimed at eliminating ambiguity and contradictory issues, and is used in two cases:

If ambiguities arise in the operative part of the document, entailing possible inaccuracies in its execution. Most often, in this case, bailiffs ask for clarification.
If there are contradictory points in the motivational part. In this case, an explanation is issued for a clearer understanding of the motives that served as the basis for the court’s conclusions.

Elimination of ambiguities is carried out by deciphering existing wording, restoring or disclosing the logical connection between the conclusions made to prevent the impossibility of executing a court decision. When eliminating inaccuracies, courts cannot even partially change the content of the main document. The duty of the judicial authority when issuing a ruling on clarification is to present the controversial points of the main document in the most complete and clear form.

Submission rules and review procedure

According to Art. 202 of the Code of Civil Procedure of the Russian Federation, the right to submit such a petition is vested in all persons participating in the case under consideration. The law also gives the right to file to the bailiff - this is done in order to prevent inaccuracies in the implementation of enforcement proceedings. Submission of an application is carried out according to certain rules that help to avoid refusal to consider it:

The application is submitted to the court that issued the controversial judicial act.
The petition is submitted before the execution of the judicial act begins and before the expiration of the period within which it can be forcibly executed. If the judicial act was executed in part, then the request for clarification should concern the part that has not yet been executed.

Helpful advice: if the period for presenting the decision for execution has been restored, the period for clarification can also be extended.

Procedure for consideration

The procedure for considering an application filed to clarify a court decision consists of two stages:

Submitting a petition. After filing a request, the court will schedule a hearing, the time and date of which will notify all participants in the case.
After considering the appeal, the court will issue a ruling to clarify the court decision. If the court does not find any arguments in favor of issuing an “explanatory” ruling, it will refuse the request:

Supreme Court ruling No. 5-КГ13-85 dated 08/07/2013

The ruling made is formalized a separate document. If necessary, an explanation of a court decision in a civil case can be challenged by filing a complaint with a higher authority. For example, as was done in a dispute over the protection of honor and dignity:

Determination of the Investigative Committee for civil cases of the Supreme Court of the Republic of Buryatia dated February 9, 2015 in case No. 33-465/2015

What should be indicated when compiling?

To avoid mistakes and most fully reflect the essence of the case, the following information must be indicated in the request for clarification:

Information about the court to which the document is being filed. If the judge's name and number are known judicial section– they are also indicated.
Contact information about the applicant: passport details, address of residence or registration, telephone number.
Specific inaccuracies and ambiguities in the existing definition of the case. When drawing up a statement of clarification for the correct execution of a court decision, it is necessary to indicate in as much detail as possible all inaccuracies.

Note: National tax There is no fee when submitting such an application.

If the petition is filed by a bailiff, it should also indicate the facts that impede the implementation of enforcement proceedings.

Download a sample application for clarification of a court decision to avoid inaccuracies when drawing up a petition, using the ready-made form:

Was the article helpful?

An explanation of a court decision in a civil case is necessary in cases where the content of the judicial act is not clear to any of the participants in the process. Unclear points and the possibility of different interpretations hinder the high-quality execution of the verdict. Clarification can be carried out at the initiative of the litigant, as well as bailiffs directly related to the execution of the act. The main goal of such a procedure is to eliminate all unclear points, create conditions for correct understanding, and clarify the procedure for executing a court decision, without changing the content of the act itself.

A thorough explanation of the provisions and conclusions reflected in the court decision is necessary in situations where it is unclear how the presiding officer established the methods and means of executing the verdict. It happens that these points are presented incompletely, and the decision itself contains contradictory concepts, terms and allows for different interpretations.

In such cases, the litigants or the bailiff cannot understand how the verdict should be executed.

In accordance with Articles 34 and 202 of the Code of Civil Procedure of the Russian Federation, any persons taking part in the litigation have the right to an explanation of the decision of the court in part:

conclusions and contents of the verdict– requires the presiding officer to rework and reformulate the provisions of the verdict, to explain them in the clearest and most understandable form;
execution of the act - here the judge is obliged to clarify in the most detailed and thorough manner to the participants the rules and methods of fulfilling the instructions.

Moreover, such a rework cannot change the very provisions of the decision, change its meaning or go beyond the scope, supplementing the verdict already rendered.

Often the parties use the opportunity to explain the decision for. Lawyers often use this right. This is necessary for the further use of specific and precise formulations.

The reasons for misunderstanding the provisions of the verdict are:

use of complex legal terms, difficult for the average person to perceive;
violation by the chairman of the logical chain when presenting conclusions;
the absence of significant aspects that are obvious to the judge, but controversial for the participants in the case;
using ambiguous phrases without explaining their meaning;
the presence of errors, typos and typos in the text of the verdict.

Procedural legislation does not oblige citizens who submit a request to explain aspects of a decision to justify the reasons for misunderstanding the act. However, such an explanation will allow the court to concentrate on the essential provisions of the verdict when drawing up an explanation.

Explanations may be required both regarding individual points and the document as a whole. The law does not create restrictions for clarifying issues related to the text of judicial acts. In most cases, only essential points, terms or phrases need to be clarified.

Process for seeking clarification

The requirement to explain the provisions of the decision is submitted through an application. The document can be sent:

to the presiding judge personally;
visiting the office or expedition of the court;
by registered mail, through the post office (you must receive delivery notification).

Immediately after the motion is accepted, the presiding officer must set a date for the special hearing. Participants in the process must be present in court at this time. Explanation of acts can be carried out in absentia, in the absence of one of the participants.

The composition of the judges should not change during the clarification. If the essence of the decision is clarified by another judge or a panel of a different composition, this will be a motive for the parties to file a private complaint.

An explanation may be given if:

the court received a corresponding petition from an interested participant in the litigation (declaratory nature);
the period for compulsory compliance with the instructions has not expired;
the verdict has not yet been carried out.

The judge may refuse to clarify the issues of the case to the applicant. There are the following reasons for this:

the presiding officer has already provided clarification;
the period for compulsory compliance with the instructions has expired.

Under other circumstances, court is obliged to provide citizens with assistance in clarifying controversial issues at their request.

The parties involved have the right to object to the clarification of the provisions of the verdict. After making a decision, the presiding officer clarifies problematic issues on the merits of the decision or refuses to satisfy the applicant’s request. The refusal is issued in the form of a separate resolution, which can be challenged.

The explanation of the presiding officer on the issues of the case is formalized in the form of a ruling. The document is attached to the case materials. Subsequently, it will act as the main part of the court's decision.

Deadlines

In such processes there are no exact legislative deadlines. The issue is resolved similarly to other civil processes within a month.

During this time, the court must:

Notify the parties to the litigation, as well as other interested parties.
Organize a meeting.
Formulate an act that will provide an explanation or refusal to satisfy the applicant’s request.

Statement

An application requesting clarification of controversial aspects of the act is drawn up manually, addressed to the authority that made the decision.

The document must contain the following information

Name of the court.
Name of the presiding judge who made the decision.
Information about the applicant (personal data, Email, phone, registration).
Case details (number).
The date of the verdict.
Effective day.
Brief description of the court's findings.
Stage of compliance with instructions (reasons for non-compliance).
Description of difficult to understand moments reflected in the act.

If the demand is submitted by a bailiff, the document should also reflect the circumstances that impede the implementation of proceedings to comply with the orders of the court.

The petition must be filed before the act enters into force. There is no state fee to be paid when submitting an application.

Sometimes, when making a decision, it becomes necessary to explain controversial and incomprehensible points to the participants. The parties to the proceedings, other participants in the process and bailiffs may demand clarification. A petition can be filed if citizens do not understand the process of implementing court orders and the terms and wording used by the presiding judge.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

The wording in a court decision is often extremely unfortunate, and not all participants in the process are able to understand them. In this case, they can file a petition for clarification of the court decision and try to get the judge to clarify all unclear points. In the article we will talk about in what situations it is permissible to submit an application for clarification of a court decision and how to draw it up correctly.

The main articles that grant the judge the right to explain his decisions are Art. 202 Code of Civil Procedure of the Russian Federation, and Art. 179 Arbitration Procedure Code of the Russian Federation.

Right to petition

Explanation of a court decision in a civil case is regulated by Art. 202 of the Code of Civil Procedure of the Russian Federation, which establishes the right of each judge, at the request of interested parties, to additionally discuss all vague or ambiguous points that may appear in a court decision and mislead participants. This is important for their correct implementation of the provisions of the writ of execution, and the judge is interested in ensuring that his sentence is correctly understood.

An explanation is possible only if the decision has not been enforced and the period for compulsory execution has not expired. If only part has been completed, then the application is submitted for clarification of the remaining part.

In Art. 179 of the APC, such a right is given to the arbitration court with the same condition of enforcement before the start of compulsory actions. Within the framework of this article, the judicial authority will also correct clerical errors, spelling errors and typos without changing the main meaning of the judicial act. IN civil process correction of errors is listed under a separate article. 200 of the Civil Code of the Russian Federation and is formally considered a different procedure.

The court's decision must remain unchanged; the judge does not have the right to change the very essence when explaining it, even partially. This is true for both arbitration and civil proceedings.

When a judgment is considered unclear

There is no specific scope for when the ruling is considered unclear regulatory documents. As a rule, this means vague wording, controversial provisions of a judicial act, broken logical connections, unmotivated conclusions, errors and typos, which can raise questions about the essence of the act and prevent the parties from executing the court order.

Purposes of obtaining clarification and its content

Unclear provisions can easily mislead litigants and push them to erroneous conclusions regarding the outcome of their case and to further violations of the execution of the decision. Very often it is used by the bailiff, who cannot without additional clarifications carry out their duties correctly, or the defendant who loses the case, who risks harming himself even more by misunderstanding the verdict. To prevent this from happening, the participants in the process have the right to formally petition for a clearer statement of the court’s decision.

Clarification and rephrasing of wording;
Deciphering difficult-to-understand verbal structures into simpler concepts;
Restoration and reinforcement of logical connections;
Correcting spelling errors or typos (for arbitration processes according to Art. 179 Arbitration Procedure Code of the Russian Federation);
A more complete disclosure of the motivation for the court decision.

All this is very important for each participant in the case: to understand why and on what basis the decision was made, how the judge came to his conclusions and what actions will follow.

Sometimes clarification is required so that later. A clear and intelligible decision is necessary as the basis for a reasoned and logical appeal.

Procedure for obtaining clarifications

According to Art. 202 Code of Civil Procedure of the Russian Federation and Art. 179 of the Arbitration Procedure Code of the Russian Federation, an explanation is given after writing the corresponding application, which is submitted to the office of the court that made the controversial decision, or sent to the branch address via Russian Post by registered mail with acknowledgment of delivery. This can be done by all persons participating in the case: plaintiff, defendant and bailiff.

The civil court will, within a month, appoint a separate day and time for holding a meeting for clarification and specifically notify all persons who are interested in the case. If they do not come, the judge will in any case issue a ruling on clarification, which can be appealed privately through the appellate authority.

The court’s right to clarification is precisely a right, not an obligation. If the court does not find any compelling reasons to explain the decision, it will issue a refusal.

Concerning arbitration court, then in Art. 179 of the Arbitration Procedure Code of the Russian Federation states that the determination is made within ten days and without a meeting or notification of the participants in the process. The revised determination can also be appealed.

Sample application

The petition is written in free form on a separate A4 sheet. Can be used ballpoint pen, but it's better to print electronic document on the printer. In the text it is forbidden to resort to threats and insults; discrepancies, slang expressions and deviations from the topic should be avoided.

It must indicate:

In the upper left corner: the name of the judicial authority where the paper is submitted - in Date. case;

ATTENTION! If you know the name of the judge who made the decision and the number of the court district, then it should also be indicated.

Below is the full name, address and contact details of the applicant - in Rod. case;
Title: “Statement for clarification of the court decision”;
The main text should begin with a brief explanation of the case in which the controversial decision was made and mention the participants;
Separately confirm that the execution of the requirements has not yet begun and the deadline for compulsory execution has not yet arrived;
Next, list in detail specific places in the text of the judicial act in which errors or inaccuracies were found that interfere with an adequate understanding of the decision;

IMPORTANT! If the application is filed by the bailiff, then he will have to indicate the facts that prevent him from complying with all the instructions of the court.

Refer to legislative basis which give the right to submit a petition: Art. 202 Code of Civil Procedure of the Russian Federation or Art. 179 Arbitration Procedure Code of the Russian Federation;
Make a request to clarify all vague, illogical and unmotivated points;
At the very end there is a signature with a transcript and a date.

There is no state fee for this application. A sample application can be downloaded:

FAQ

Difference between clarification and additional judgment

These two processes are very similar and are often confused. An additional court decision is regulated by Art. 201 Code of Civil Procedure of the Russian Federation and Art. 178 of the APC, and both articles explain that this is not the correction of inaccuracies, but the establishment of several important points, which for some reason were not announced at the main meeting:

Consideration separate requirement which was confirmed by evidence, but was not taken into account by the court when passing a sentence;
The court resolved disputes about the right, but did not pay attention to the amount of recovery, actions to resolve the conflict, or specific property that must be recovered in favor of the victim;
The amount of legal costs was not specified.

Discussion of these issues takes place at the initiative of the court or at the special request of interested parties. A separate meeting is held, at which all participants in the process have the right to be present. Their absence will not prevent the court from making a ruling with an additional decision. If one of the parties is not satisfied with it, then he has the right to file a private complaint.

Errors when clarifying the motivation or operative part of the decision

Many people confuse clarification with appeal and try to use it to solve more serious problems that arise beyond the strictly technical process of clarifying language. This error may not be caused by malice, but by a lack of understanding of the clarification procedure. At the hearing, people often try to repeat the initial consideration of the case: they bring new facts, additional arguments in their favor and try to challenge the decision - all in order to try to force the judge to reconsider the previous decision and come to a new conclusion.

There is an application process for this. If it was denied, then using the clarification to actually try to revise the conclusions and the court decision is just a waste of time. A qualified judge will immediately refuse such a hearing.

The parties, under the guise of clarification, may also try to begin to understand why their arguments were not accepted by the court at the hearing in the main case. This has nothing to do with explaining the decision that has already been made, and forcing the court to be distracted from the essence of the issue will not work.

It happens that a participant in the process tries to clarify the issue of the price for property that will be sold to satisfy the court decision. This important point should be resolved within the framework of an additional court decision, and not an explanation.

What level of courts can you get clarification from?

There are no barriers to clarification depending on the level of the court. They can easily clarify the decisions of their colleagues from authorities at other levels, even if the case was appealed to higher authority and the final conclusion was changed.

To summarize: an explanation of a court decision is technical process clarification of wording, and not an analogue of an appeal. It is needed only to help the parties understand for themselves what the court requires of them, and nothing more.