The content of the judgment in the arbitration process. The decision of the arbitral tribunal. Characteristic Features of the Arbitration Court Decision

Therefore, from the technique of design of the operative part judgment the understanding by interested parties of the content of the legislation, their rights and obligations, the consequences of the entry into force of judicial acts depends. The special role of the operative part of a court decision in the issue of enforceability of a judicial act is indicated by clause 2.3 of the Program for increasing the efficiency of the activities of arbitration courts Russian Federation in 1997-2000 (hereinafter referred to as the Efficiency Improvement Program): “The incomprehensibility, cumbersomeness of the wording in, unjustified use of special terms in it can jeopardize its implementation.

Arbitration Procedure Code, N 95-FZ, Art 170 of the Arbitration Procedure Code of the Russian Federation

The reasoning part of the decision may contain references to decisions of the Plenum of the Supreme Court of the Russian Federation and decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on judicial practice, as well as to decisions of the Presidium of the Supreme Court of the Russian Federation and decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation that have retained their force.

Content of a decision of an arbitration court

Firstly, from the reasoning it follows how well-grounded the decision is, what evidence in the case confirms the conclusions of the arbitration court.

The arbitral tribunal cannot simply state the presence or absence of certain circumstances in the case; it must do so with reference to the case materials examined at the trial stage. This is one of the significant differences of justice from other forms of jurisdictional activity, associated with the need for courts to thoroughly motivate their own (in contrast to many bodies of civil jurisdiction).

Arbitration process

The arbitral tribunal, having found it necessary to further investigate the evidence or to continue to clarify the circumstances relevant to the case, upon acceptance, resumes the proceedings, and issues a ruling. The introductory part must contain the name of the arbitral tribunal that made the decision; the composition of the court, the name of the person who kept the minutes of the court session; case number, date and place of the decision; the subject of the dispute; the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.

The reasoning may contain references to decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on judicial practice, decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation.

5. The operative part of the decision must contain conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated requirements, an indication of the distribution of court costs between the parties, the term and procedure for appealing the decision.

What is the operative part of a court decision?
The reason for its separate announcement

The judge's decision, rendered in full, serves as the final act in the consideration of the case.

It consists of the following sections.

The reasons for the separate announcement of the operative part.

Arbitration court decision

laws and other regulations legal acts, by which the court was guided when adopting, and the reasons why the court did not apply the laws and other normative legal acts to which the persons participating in the case referred. The reasoning part of the decision may contain references to decisions of the Plenum of the Supreme Court of the Russian Federation and decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on judicial practice, as well as to decisions of the Presidium of the Supreme Court of the Russian Federation and decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation that have retained their force.

The procedural form of the decision.

The decision of the arbitral tribunal is set out in the form of a separate document and must be written by hand or executed with the help of technical means (Article 169 of the Arbitration Procedure Code of the Russian Federation). The reasons for its adoption must be indicated, and it must be stated in a language understandable to the persons participating in the case and other persons. The decision is signed by the judge, and in the case of collegial consideration of the case - by all the judges who participated in the decision-making, including the judge who has a dissenting opinion.

In accordance with subparagraph 5 of paragraph 1 of Article 8 of the Federal Law "On Enforcement Proceedings", one of the mandatory requisites of an enforcement document is the operative part of a judicial act or an act of another body, which is entirely transferred to the content writ of execution... Therefore, in relation to a number of decisions of arbitration courts, the APC specifically stipulates what should be reflected in the operative part of the decision.

Article 167. Adoption of a decision

1. When resolving a dispute on the merits, the arbitration court of the first instance shall make a decision. The decision is made in the name of the Russian Federation.
2. The arbitral tribunal may make a separate decision on each of the claims united in one case.
3. The decision is taken by the judges participating in the court session, in conditions that ensure the secrecy of the deliberations of the judges.
5. Judges of an arbitration court shall not have the right to disclose to anyone information about the content of the discussion during the adoption of a judicial act, about the position of individual judges who were part of the court, and otherwise disclose the secret of the deliberations of judges. At the same time, the judges of the arbitration court are not deprived of the right, in accordance with Article 20 of this Code, to state their dissenting opinion, which cannot be considered as a violation of the secrecy of the deliberations of judges.

Article 168. Issues to be resolved when making a decision

1. When making a decision, the arbitration court evaluates the evidence and arguments presented by the persons participating in the case in support of their claims and objections; determines what circumstances relevant to the case have been established and what circumstances have not been established, what laws and other regulatory legal acts should be applied in this case; establishes the rights and obligations of the persons participating in the case; decides whether the claim is upheld.
2. When making a decision, the arbitral tribunal decides on the preservation of the validity of the measures to secure the claim or to cancel the security for the claim or to secure the execution of the decision; if necessary, establish the procedure and deadline for the execution of the decision; defines further destiny material evidence, distributes legal costs, and also resolves other issues that have arisen during the trial.
3. The arbitral tribunal, having found it necessary to further investigate the evidence or to continue to clarify the circumstances relevant to the case, when making a decision, resumes the proceedings, and issues a ruling on this.

Article 169. Statement of the decision

1. The decision of the arbitral tribunal is set out in the form of a separate document and must be written by hand or executed with the help of technical means.
2. The decision must indicate the reasons for its adoption, and it must be stated in a language understandable to the persons participating in the case and other persons.
3. The decision is signed by the judge, and in the case of a collegial consideration of the case - by all the judges who participated in the adoption of the decision, including the judge with a dissenting opinion.
4. Corrections in the decision must be agreed and certified by the signatures of all judges in the deliberation room before the decision is announced.
5. The decision of the arbitration court is executed in one copy and attached to the case.

Article 170. Content of the decision

1. The decision of the arbitral tribunal must consist of introductory, descriptive, motivating and operative parts.
2. The introductory part of the decision must contain the name of the arbitration court that made the decision; the composition of the court, the name of the person who kept the minutes of the court session; case number, date and place of the decision; the subject of the dispute; the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.
3. The descriptive part of the decision must contain a summary of the stated requirements and objections, explanations, statements and petitions of the persons participating in the case.
4. The reasoning part of the decision must indicate:
1) the factual and other circumstances of the case established by the arbitration court;
2) evidence on which the conclusions of the court about the circumstances of the case and arguments in favor of the decision are based; the motives for which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case presented in support of its claims and objections;
3) laws and other regulatory legal acts that guided the court when making a decision, and the reasons why the court did not apply laws and other regulatory legal acts to which the persons participating in the case referred.

The reasoning part of the decision must also contain the reasons for the decisions made by the court and the reasons for other issues specified in part 5 of this article.

If the claim is recognized by the defendant, the reasoning part of the decision can only indicate the recognition of the claim by the defendant and its acceptance by the court.

In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision indicates the amount of money to be collected as a result of offset.

If the arbitration court established the procedure for the execution of the award or took measures to ensure its execution, this is indicated in the operative part of the award.

The right to carry out the appropriate actions at the expense of the defendant with the collection of the necessary costs from him in the event that the defendant does not execute the decision within the prescribed period.

Article 176. Announcement of the decision

1. The decision of the arbitration court shall be announced by the presiding judge in the court session in which the consideration of the case on the merits is completed, after the decision of the arbitration court has been adopted.
2. At the court session, in which the consideration of the case on the merits has been completed, only the operative part of the adopted decision may be announced. In this case, the arbitration court announces when the decision will be made in full and explains the procedure for bringing it to the attention of the persons participating in the case.

The preparation of the solution in full may be postponed for a period not exceeding five days. The date of making the decision in full is considered the date of making the decision.

3. The announced operative part of the decision must be signed by all judges who participated in the consideration of the case and the adoption of the decision, and attached to the case.
4. The presiding judge of the court session, after the announcement of the decision, explains the procedure for its appeal.

1. The arbitration court shall send copies of the decision to the persons participating in the case, within five days from the date of the decision, by registered mail with acknowledgment of receipt, or hands them over to them against receipt.

Article 179. Explanation of the decision. Correction of misspellings, typos and arithmetic errors

1. In case of ambiguity of the decision, the arbitration court that made this decision, at the request of the person participating in the case, the bailiff, other bodies executing the decision of the arbitration court, the organization has the right to explain the decision without changing its content.
2. Clarification of the decision is allowed if it has not been enforced and the time limit has not expired during which the decision can be enforced.

Article 180. Entry into legal force of the decision

1. The decision of the arbitration court of first instance, with the exception of the decisions specified in parts 2 and 3 of this article, shall enter into legal force upon the expiration of one month from the date of its adoption, unless an appeal has been filed. In the case of filing an appeal, the decision, if it is not canceled and not changed, comes into legal force from the date of the adoption of the decision of the arbitration court of the appellate instance.
2. The decisions of the Intellectual Property Rights Court shall enter into force immediately after their adoption.
3. Decisions of the arbitration court in cases considered in the procedure of simplified proceedings, and in cases provided for by this Code or other federal law, and in other cases shall enter into legal force within the time frame and in the manner established by this Code or other federal law.

The decision of the arbitration court consists of an introductory part (corresponds to the preparatory stage of the session), descriptive (examination of evidence and clarification of the circumstances), motivation (judicial debate and the end of the consideration of the case) and operative (making a decision).

The introductory part of the decision must contain the name of the judicial act, the decision, an indication that it was adopted in the name of the Russian Federation, the name of the arbitration court that made the decision (the name of the subject of the Russian Federation or the Supreme

Of the Arbitration Court of the Russian Federation, when it makes a decision in the first instance), the composition of the court (the names and initials of the judges), the case number, the date and place of the decision (if the meeting was held with departure to another locality, the name of this point is indicated, and not the place of the official location of the court), the subject of the dispute (i.e. the short name of the requirements), the names of the persons participating in the case, the names and initials of the persons present at the meeting, indicating their powers (numbers and dates of powers of attorney, orders, orders, contracts, minutes of meetings, etc. .NS.).

The descriptive part of the decision shall briefly indicate the essence of the claim or other claims, objections of the defendant, explanations of third and other parties, the content of applications and petitions declared and considered in the course of the trial, the results of their consideration by the court, indicating the reasons why they were satisfied or rejected ...

The main purpose of the reasoning part of the decision is to describe the reasons for the decision, i.e. those arguments that explain why the court made such a decision. The motives (or reasons) for making a decision are explained in the logical sequence in which the decision was made. In particular, the motivation part indicates:

1) established factual circumstances, i.e. substantive facts that form the basis legal relationship sides and characterizing them in dynamics. In addition to substantive facts, the court may indicate in the decision the procedural facts, for example, concerning the merits of the dispute. Sometimes it is of great importance for the consideration of a case to establish legal status parties (for example, whether the claimant had the rights legal entity entering into a disputable relationship with the defendant). If the court considers some circumstances not established, the decision must explain the reasons why the court came to such conclusions;

2) the evidence that formed the basis for the conclusions of the court in establishing the circumstances, with the substantiation of its arguments in favor of their acceptance in relation to the evidence, arguments and objections of the persons participating in the case, which the court rejected, the reasons why they were not accepted;

3) those norms of laws and other normative legal acts, which were guided by the court when making a decision. If, in the reasoning part of the decision, the court confines itself to describing the factual circumstances and assessing the evidence, its conclusions and arguments in their favor, the decision cannot be considered motivated. If the court has not applied any laws and other normative legal acts referred to by the persons participating in the case, it must indicate the reasons (reasons) for this. At the same time, even satisfying the claim, the court can qualify the relations of the parties in a completely different way than the plaintiff.

The importance of specifying in the decision on the laws and other normative legal acts that guided the court when making the decision is also confirmed by the fact that the absence of such an indication can be regarded by the court of appeal or cassation as non-application of the law, which is the basis for canceling the decision (part 2 Article 270 and part 2 of Article 288 of the Arbitration Procedure Code of the Russian Federation).

In the reasoning part of the decision, the court must reason its conclusions regarding the distribution of court costs between the parties, the enforcement of the decision or refusal to provide security, the procedure for the execution of a decision that is different from the generally accepted one, etc.

In accordance with Part 3 of Art. 49 of the Arbitration Procedure Code of the Russian Federation, the defendant has the right to recognize the claim in whole or in part. If the recognition of the claim expresses the actual will of the defendant, does not contradict the law and does not violate the rights and interests of other persons, it is accepted by the court, and the parties are exempted from proving the factual circumstances. In this case, the Arbitration Procedure Code of the Russian Federation also exempts the court from the need to substantiate the decision by which the claim is satisfied: the reasoning part of the decision indicates only the recognition of the claim by the defendant and the acceptance of the recognition by the court.

The operative part of the decision must contain:

Conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated requirements;

An indication of the distribution of court costs between the parties;

The term and procedure for appealing the decision;

In case of full or partial satisfaction of the initial and counterclaims - the amount of money to be collected as a result of offset;

If necessary - the procedure for the execution of the decision or measures to ensure its execution.

Depending on the type of the court decision, the operative part indicates (Articles 171 - 175 of the Arbitration Procedure Code of the Russian Federation) the following:

1) the decision on the collection of funds and the award of property:

Upon satisfaction of the claim for the collection of monetary funds - the total amount of the sums of money subject to collection with a separate determination of the principal debt, losses, forfeit (fines, penalties) and interest;

When awarding property - the name of the property to be transferred to the plaintiff, its value and location. This rule makes it possible, if the debtor does not have property in kind, to determine its actual value within enforcement proceedings thereby facilitating the performance of enforcement actions;

2) a decision on recognizing as non-enforceable an enforcement or other document:

Upon satisfaction of the claim regarding a dispute on recognizing as non-enforceable an executive or other document, according to which collection is carried out in an indisputable (non-accentuated) manner, including on the basis of a notary's executive note,

Name, number, date of issue of the document not subject to execution, and the amount of money not subject to write-off;

3) the decision to conclude or amend the contract:

On a dispute arising from the conclusion or amendment of the agreement - the conclusion of the arbitration court on each controversial condition of the agreement;

In a dispute about compulsion to conclude an agreement - the conditions on which the parties are obliged to conclude an agreement;

4) a decision obliging the defendant to perform certain actions:

When making a decision obliging the defendant to perform certain actions that are not related to the collection of funds or the transfer of property, the arbitration court is the person obliged to perform these actions, as well as the place and time of their commission. In this case, the court may indicate the head of the organization or another person (if the defendant is a legal entity), who are entrusted with the execution of such a decision. If necessary, the court may indicate that if the defendant does not comply with the decision, then the plaintiff has the right to take appropriate actions at the expense of the defendant with the collection of the necessary expenses from him;

When making a decision obliging the organization to perform certain actions not related to the collection of funds or the transfer of property,

The manager or other person on whom the execution of the decision is entrusted, as well as the deadline for the execution;

The arbitral tribunal may indicate in the decision that the plaintiff has the right to take appropriate actions at the expense of the defendant with the recovery of the necessary expenses from him in the event that the defendant does not execute the decision within the established period;

5) a decision in favor of several plaintiffs or against several defendants:

When a decision is made in favor of several plaintiffs - in what part (share) does it apply to each of them, or that the right of claim is joint and several. For example, several plaintiffs may be suing for recognition of the right common property on the property. If they demand recognition of their right to common shared ownership, the decision indicates the size of each share (in percent, meters and other units), but if the claim for recognition of the right to common joint ownership is satisfied, the court indicates the solidary nature of the right;

When making a decision against several defendants - in what part (share) each of the defendants must comply with the decision, or on the solidarity of their responsibility.

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Article 170. Content of the decision

1. The decision of the arbitral tribunal must consist of introductory, descriptive, motivational and operative parts.
2. The introductory part of the decision must contain the name of the arbitration court that made the decision; the composition of the court, the name of the person who kept the minutes of the court session; case number, date and place of the decision; the subject of the dispute; the names of the persons participating in the case, the names of the persons present at the court session, indicating their powers.
3. The descriptive part of the decision must contain a summary of the stated requirements and objections, explanations, statements and petitions of the persons participating in the case.
4. The reasoning part of the decision must indicate:
1) the factual and other circumstances of the case established by the arbitration court;
2) evidence on which the conclusions of the court about the circumstances of the case and arguments in favor of the decision are based; the motives for which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case presented in support of its claims and objections;
3) laws and other regulatory legal acts that guided the court when making a decision, and the reasons why the court did not apply laws and other regulatory legal acts to which the persons participating in the case referred.
The reasoning part of the decision must also contain the reasons for the decisions made by the court and the reasons for other issues specified in part 5 of this article.
If the claim is recognized by the defendant, the reasoning part of the decision can only indicate the recognition of the claim by the defendant and its acceptance by the court.
The reasoning part of the decision may contain references to the decisions of the Plenum of the Supreme Arbitration Court of the Russian Federation on issues of judicial practice.
5. The operative part of the decision must contain conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated requirements, an indication of the distribution of court costs between the parties, the time frame and procedure for appealing the decision.
In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision indicates the amount of money to be collected as a result of offset.
If the arbitration court established the procedure for the execution of the award or took measures to ensure its execution, this is indicated in the operative part of the award.

Comm. Sherstyuk V.M.

1. The content of the decision of the arbitration court as a procedural document is determined by law. It consists of introductory, descriptive, motivational and operative parts. All parts of the decision are inextricably linked, making up a single procedural document.
The introductory part contains the following data:
a) on making a decision in the name of the Russian Federation;
b) the number of the case and the date of the decision (year, month, day). The date of the decision is considered to be the day it was made in full (Article 176 of the APC). The place where the decision is taken in the proceedings is, as a rule, the administrative center of the subject of the Federation;
c) the name of the arbitration court that made the decision is set out in full, any abbreviations are inadmissible here;
d) the composition of the court - the names and initials of the judges who made this decision;
e) the surname and initials of the person who kept the minutes of the court session;
f) the subject of the dispute, that is, the substantive claims of the plaintiff to the defendant (for example, on the recognition of ownership of a specific property, on the recovery of 1,300 thousand rubles, on the recognition of the contract of sale of non-residential premises as invalid, etc.);
g) the name of the persons participating in the case must be stated in full, without abbreviations. The name of a legal entity must contain an indication of its corporate name and organizational and legal form. If the person participating in the case is a citizen, then in the introductory part of the decision it is necessary to indicate his full name, first name and patronymic;
h) the names of the persons present at the court session with an indication of their powers (Ivanov I.I. - director of the joint stock company "Iskra", certificate No. 003 dated January 18, 1995; Petrov V.V. - representative of the production cooperative "Yakor", power of attorney from January 6, 2002, etc.).
In addition, in the introductory part of the court's decision, it is indicated that the case was heard in an open (closed) court session.
2. The descriptive part of the decision must contain a summary of the statement of claim, response to it, other explanations, statements and petitions of the persons participating in the case.
The attention of the court should be focused on setting out the essence of the claim and the objections to it.
First, the subject matter and grounds of the claim are briefly stated. If the plaintiff changed the subject matter or grounds of the claim, increased or decreased its size, then this must also be indicated in the descriptive part of the decision. The court then sets out the defendant's position - whether he admitted the claim or objected to it. In the latter case, it is necessary to briefly indicate the reasons for the objection.
After that, the decision sets out the explanations of other persons participating in the case: third parties, government agencies or local authorities, interested persons in cases of establishing facts of legal significance.
3. The reasoning part of the decision must contain the factual and legal basis for the conclusions of the arbitration court.
Motives are those considerations, arguments of the court, on the basis of which it came to a decision in a particular case. The statement of reasons in the text of the decision makes the conclusion of the court clear and convincing.
The factual substantiation of the decision is formed from the judgments of the court on the facts of the basis of the claim, including the counterclaim and the claim of a third party making independent claims on the subject of the dispute, as well as from judgments about the facts underlying the objections to the claim, and other facts recognized by the arbitration court significant in this case.
The law requires that in the reasoning part of the decision, the court should indicate which particular circumstances relevant to the case, it considers established and which are not established. The arbitral tribunal is obliged to state its views on each fact that is included in the subject of proof. These facts are provided for by the norm (norms) of substantive law (civil, land, financial, etc.) applicable to this dispute. The factual validity of the decision will be complete only if it contains judgments regarding all legal facts provided for by the substantive law to be applied. To achieve this, it is necessary to compare the circumstances indicated by the parties with the actual composition provided for by the rules of substantive law, which is necessary to satisfy (dissatisfy) the claim. As a result of the comparison, the arbitration court, on the one hand, excludes from the subject of proof circumstances that are not relevant to the case; on the other hand, if the parties have not made references to all the facts that are important for the correct resolution of the case, the court, on its own initiative, can fill in the subject of proof with the missing facts and express its judgments about their presence or absence.
The court makes conclusions about the presence or absence of facts that are significant for the correct resolution of the dispute after a thorough check and assessment of the evidence, or without verification, when the presence or absence of legal facts is beyond doubt due to their well-known or prejudicial nature.
The arbitration court can substantiate its judgments about the presence or absence of the circumstances of the case only with such evidence that has been verified and examined in the court session.
In the reasoning part of the decision, the court is obliged to analyze and assess all the evidence obtained in the case.
He must indicate which of them are reliable and which are unreliable, and provide convincing arguments to support his conclusions.
Separately, in this part of the decision, the plaintiff's right to satisfy his claims in the established amount or share must be justified (for example, when a claim is filed for recognition of ownership of property).
In the reasoning part, the arbitral tribunal must substantiate the decision by those norms of substantive law that it applied in this case, as well as the norms of procedural law by which it was guided. Along with this, one should also refer to the resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation, clarifying the application of a particular rule of law.
The absence of a reference to the law or other normative legal act, which guided the arbitration court when resolving the dispute, makes the decision unconvincing and may even lead to the cancellation of this judicial act in the appeal or cassation instances.
If the arbitration court does not apply the law or other normative legal acts to which the persons participating in the case referred, then it must indicate the reasons why it does not consider it possible to apply them.
4. The operative part of the decision of the arbitral tribunal must contain conclusions on the satisfaction or refusal to satisfy each of the stated requirements.
These findings should be stated concisely, clearly and in a peremptory manner.
The operative part of the decision may contain a resolution:
1) on the satisfaction of claims in full;
2) to dismiss the claim;
3) on the satisfaction of the claim in one part and refusal in the other.
When several plaintiffs and defendants participate in the case, it is indicated how the dispute was resolved in relation to each of them. In case of full or partial satisfaction of the initial and counterclaims, the operative part of the decision indicates the amount to be collected as a result of offset.
In the same part of the decision, the court distributes court costs between the persons participating in the case.
In cases where the arbitral tribunal establishes the procedure for the execution of the decision or directs the decision to immediate execution or takes measures to ensure its execution, this is indicated in the decision.

The content of the decision is almost a mirror image of the course of the trial. The decision of the arbitration court consists of an introductory part (corresponds to the preparatory stage of the session), descriptive (examination of evidence and clarification of the circumstances), motivation (judicial debate and the end of the consideration of the case) and operative (making a decision).

Introductory part of the solution

The introductory part of the decision must contain the name of the judicial act (decision), an indication that it was adopted in the name of the Russian Federation, the name of the arbitration court that made the decision (the name of the arbitration court of a constituent entity of the Russian Federation or the Supreme Arbitration Court of the Russian Federation when it makes a decision in the first instance), the composition of the court (the names and initials of the judges), the case number, the date and place of the decision (if the meeting was held with departure to another locality, the name of this point is indicated, and not the place of the official location of the court), the subject of the dispute (i.e. short name requirements), the name of the persons participating in the case, the names and initials of the persons present at the meeting, indicating their powers (numbers and dates of powers of attorney, orders, orders, contracts, minutes of meetings, etc.).

3. Descriptive part of the solution

4. Motivation part of the decision

The established factual circumstances, i.e. facts of the substantive order, which form the basis of legal relations between the parties and characterize them in dynamics. In addition to substantive facts, the court may indicate in the decision the procedural facts, for example, concerning the merits of the dispute. Sometimes it is of great importance for the consideration of the case to establish the legal status of the party (for example, whether the plaintiff had the rights of a legal entity, entering into a disputed relationship with the defendant). If the court considers some circumstances to be unclear, the decision must explain the reasons why the court came to such conclusions;

The evidence that formed the basis for the conclusions of the court to establish the circumstances, with the substantiation of its arguments in favor of their adoption, in relation to the evidence, arguments and objections of the persons participating in the case, which the court rejected, the reasons why they were not accepted are indicated;

Norms of laws and other normative legal acts, which were guided by the court when making a decision. If, in the reasoning part of the decision, the court confines itself to describing the factual circumstances and assessing the evidence, its conclusions and arguments in their favor, the decision cannot be considered motivated.

If the court has not applied any laws and other normative legal acts referred to by the persons participating in the case, it must indicate the reasons (reasons) for this. At the same time, even satisfying the claim, the court can qualify the relations of the parties in a completely different way than the plaintiff.

The importance of indicating in the decision on the laws and other normative legal acts that guided the court when making the decision is also confirmed by the fact that the absence of such an indication can be regarded by the court of appeal or cassation as non-application of the law, which is the basis for canceling the decision (part 2 Article 270 and part 2 of Article 288 of the Arbitration Procedure Code of the Russian Federation).

The value of the reasoning part of the arbitral tribunal's decision lies in a number of aspects.

Firstly, from the reasoning it follows how justified the decision is, what evidence in the case confirms the conclusions of the arbitration court. The arbitral tribunal cannot simply state the presence or absence of certain circumstances in the case; it must do so with reference to the case materials examined at the trial stage. This is one of the significant differences of justice from other forms of jurisdictional activity, associated with the need for courts to give detailed reasons for their decision (in contrast to the decisions of many civil jurisdiction bodies).

Secondly, the circumstances set out by the arbitration court in the reasoning part of the decision, upon its entry into legal force, have prejudicial significance and are exempt from proving if the same persons are involved in another case (part 2 of article 69 of the Arbitration Procedure Code of the Russian Federation).

Thus, we can conclude that the motivation part is a key part of the decision; the information stated in it is the subject of research in the courts of appeal, cassation and supervisory instances, often it is the motivation part that is the basis for regulating subsequent relations between the parties and other participants in the economic turnover.

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