THE CONCEPT AND SIGNIFICANCE OF THE QUALITY OF A JUDICIAL DECISION AS A REQUIREMENT OF EFFECTIVE JUSTICE

Abstract

The article is devoted to defining the concept and meaning of the quality of a court decision as a requirement for the effectiveness of justice. The author proved that the quality of the court decision is an integral component of the effectiveness of justice.It is argued that the quality of a court decision is determined by the operation of the principle of the rule of law, a component of which is legal certainty and the unity of judicial practice. It is substantiated that the basis of the requirement of the quality of a court decision is the proper motivation of such a decision and the conformity of the conclusions set forth in the court decision with stable judicial practice.The author has proven that the requirements for the form of a court decision include the presence in the court decision of all the necessary requisites due to the formality of the court decision.It was established that a separate characteristic of the quality of a court decision is the requirements for its content. It has been proven that such requirements should be divided into separate subgroups. The requirements for the structure of the court decision are characterized, that is, the presence of all constituent elements in the structure of the court decision, including introductory, motivational, and resolutive parts. It has been proven that technical and legal requirements are part of the quality of a court decision, which include requirements for the language and logic of the presentation of the court decision. It has been found that the judgment should be presented in accordance with the precise use of legal terms, logically and consistently.The author argues that the requirements for the proper reasoning of a court decision are revealed through the requirements for the motivational part of the corresponding decision. It has been proven that a mandatory component of the structure of the court decision is the presentation of the main arguments of the statement of claim, appeal or cassation complaint with reference to the established circumstances of the case and their legal assessment with reference to specific legal norms.It is substantiated that the requirements for the final part of the court decision are related to the obligation of its execution, since the possibility of quick and accurate execution of the court decision largely depends on the clarity of the wording of the final part.