Поняття та види ухвал суду першої інстанції в цивільних справах

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Authors: О. В. Мороз
Cited by: 0

Abstract

The article examines the concepts and types of first instance court rulings in civil cases. It is pointed out that since the legality of a court decision directly depends on the correctness of the resolution of intermediate issues, the legality of each individual ruling is a guarantee of the validity of the decision made by the court. The author notes that rulings may be issued at any stage of civil proceedings in the court of first instance. It is pointed out that rulings are a procedural form of exercising the court’s administrative powers. They are adopted to resolve specific procedural issues that arise during the consideration of a case or at the stage of enforcement of a court decision. The author notes that rulings primarily perform an organisational function, ensuring the dynamics of the process – from its initiation to its logical conclusion. The concept of court rulings is analysed in detail. The article states that in order to acquire the status of an act of justice, a court ruling must meet a set of mandatory conditions: 1) the ruling must be issued by the appropriate entity – the court; 2) the law must provide for the issuance of the relevant ruling; 3) the ruling must be expressed in the procedural form established by law and contain all the necessary details provided for by the Code of Civil Procedure of Ukraine; 4) the ruling must be preceded by a clearly defined procedure for establishing the circumstances with which the law links the possibility of issuing the relevant It is noted that the legal nature of a court ruling is revealed through its triune essence: 1) it acts as an operational and administrative procedural act that records each procedural action of the court during the consideration of the case; 2) the ruling is an act of justice, as it resolves specific procedural issues; 3) it performs a law-transforming role and acts as an act that creates, changes and terminates procedural legal relations between the parties to the case. The author analyses in detail the classification of rulings by form (order of issuance) and content. The author also analyses individual rulings. It is pointed out that the analysis of types of court rulings allows them to be differentiated into mandatory (necessary for each case) and optional (the issuance of which is determined by specific circumstances or motions of the participants).

Fields of Study & Subjects

Ukrainian Legal and Forensic Studies Legal processes and jurisprudence Family and Matrimonial Law

Publication details

Journal / source
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Publication date
23 February 2026
Language
UK