REQUIREMENTS TO THE DECISION OF THE COURT UNDER THE FRAMEWORK FAIR CONSIDERATION AND ACHIEVEMENT OF THE OBJECTIVE OF THE CIVIL PROCESS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the study of the requirement for a court decision at the level of international and national procedural legislation, the application of these norms in international judicial practice. The essence of the notions of a correct and fair court decision is established. Their importance is determined for the fulfilment of tasks and the achievement of the goal of civil proceedings. The national civil procedural legislation, in comparison with international rules on the protection of rights, imposes more stringent requirements on the characteristics of a court decision. At the level of international standards of justice, the right to a fair trial allows for judicial mistakes in assessing issues of law or fact by the national court. The relevant provision is determined by the competence of the ECHR, as defined in the Convention and protocols thereto, and the peculiarity of the procedure for evaluating evidence, which falls within the competence of the national judicial authorities, which in this regard are endowed with a certain right of discretion. According to the Convention’s requirements, the mistakes made by the court in connection with the establishment of circumstances of the case and the evaluation of evidence are admissible and do not diminish the value of the decision for a fair hearing, provided that only the unfair actions of the party to the case or the application of the principle “beyond reasonable doubt” exist. Given the effectiveness of judicial protection as a goal of civil justice, enshrined at the national level, the justness of a court decision, which includes the requirements of legality and legitimacy, cannot be equated with a sign of justice. A fair decision must be based on the principles of the rule of law and be legitimate and justified, guarantee the parties a reliable establishment of circumstances of the case. In this regard, the effectiveness of judicial protection in terms of Art. 2 of the CPC of Ukraine can be reached provided that a fair decision is made. Taking into account the above provisions, it can be argued that a justice decision is a means of fulfilling the task of fair hearing and resolving a case, and its justice characterizes the achievement of the purpose of legal proceedings.
Authors and Affiliations
М. Л. Коханська
Keywords
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