COURT RULINGS OF THE COURT OF FIRST INSTANCE AS A MECHANISM FOR ENSURING JUSTICE

Abstract

The article reveals the procedural form and content of rulings issued by courts of first instance, as well as their functional purpose, which consists in creating appropriate organizational-procedural and legal conditions for the realization of the objectives of civil proceedings, ensuring a comprehensive, complete, and objective consideration of cases, and guaranteeing the actual exercise and effective protection of the procedural rights and obligations of the participants in the process. In this context, court rulings perform not only a regulatory but also a protective and guarantee function, contributing to the ordering, stability, and procedural certainty of civil procedural legal relations within a particular proceeding. Based on the research conducted, it is determined that the diversity of court rulings in civil proceedings is conditioned the multifunctional nature of the court’s procedural activity and the complex structure of the civil process. Preparatory, obstructive, final, restorative, and separate rulings form an integrated system of procedural acts through which the court ensures the organization, dynamics, and orderliness of civil proceedings. Each of these types of rulings performs an independent functional role; however, taken together, they are aimed at implementing the objectives of the civil process, observing the principles of legality, procedural economy, and effective judicial protection. It is precisely through court rulings that the court regulates civil procedural legal relations, guarantees the realization of the procedural rights and obligations of the parties to the case, and ensures the proper completion of judicial proceedings in accordance with the requirements of civil procedural legislation. The study establishes that, under the conditions of the digitalization of judicial power, the method of drafting the text of a court ruling is increasingly implemented in electronic form, which necessitates a reconsideration of traditional approaches to the written expression of the will of the court as an authority exercising public power. An electronic ruling, alongside a paper one, is a full-fledged procedural act-document that records the result of the court’s exercise of its powers and acquires legal force provided that the requirements established by civil procedural legislation regarding its form, content, and the procedure for its execution are observed. Compliance with the procedural form and content of a ruling of the court of first instance, as with other procedural act-documents, is one of the mandatory requirements of civil procedural legislation, ensuring the legality and validity of the ruling and the proper formalization of this procedural act-document.