PROBLEMAL ASPECTS OF THEORETICAL – PROCEDURAL DISTINCTION OF THE CONCEPTS OF “REASONABILITY” AND “MOTIVATION” OF A JUDICIAL DECISION

Abstract

In procedural law, the court decision refers to the legal fact that ends the proceedings in the court of first instance, while determining the right to appeal and, accordingly, the possibility of further development of procedural relations in the courts of appeal and cassation. The court decision, which has entered into force, is the basis for further proceedings. At the same time, the court decision is the most important act of substantive law, ie the act of exercising judicial power. However, analyzing the case law of commercial courts revealed a number of procedural problems related to the implementation by judges of the mandatory requirements set out in Article 236 of the Code of Civil Procedure of Ukraine on the decision of the court based on the case. First of all, the decision must be based on the rule of law and legality, and secondly, it must be justified. With regard to the rule of law and legality, there are no questions about their content. However, some judges are ambivalent about which decision is considered reasonable, as some equate validity with motivation. To date, a reasoned decision is a court decision when it is made on the basis of all the circumstances of the case investigated by the court, which are fully and comprehensively clarified on the basis of evidence submitted to the court. At the same time, a reasoned decision is a court decision that duly states the grounds on which it is based.The lack of a motivating part of the court decision leads to an improper court decision and, as a result, to a violation of the rights, freedoms and legitimate interests of the parties in the case, whose rights and interests may be violated by a court decision. Thus, the motivation of court decisions is a mechanism for making informed decisions, as well as the implementation of the principle of publicity, access to justice, which promotes the fairness of court decisions and is part of the right to protection. In turn, the motivational part of the decision is essential for the future formation of the legal force of the decision on the grounds that the operative part reflects the circumstances established by the court, on the basis of which the court considers the existence of legal relations between the parties. Thus, the complete protection of the validity of the court decision, clarity and accuracy of its operative part, as a result, depends on the effective protection of the rights and legitimate interests of the parties and the impossibility of actual implementation of the court decision.