COMPARATIVE ANALYSIS OF THE STATEMENT OF REASONS OF A JUDICIAL DECISION

Abstract

The article highlights the issues of motivated reasoning of judicial decisions as an element of the right to a fair trial, guaranteed to everyone by part 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Attention is drawn to the importance of the requirement of motivated reasoning along with the legality and reasonableness of judicial decisions. The requirements to the statement of reasons of a court decision are analyzed in the context of constant updating of procedural codes of Ukraine. A comparative analysis of the requirements for the statement of reasons of a judicial decision in different types of court proceedings was carried out in connection with the judicial reform in Ukraine. Using the historical method, legislative changes and innovations regarding the requirements for statement of reasons of judicial decisions have been studied. It is emphasized that it is necessary to include in the statement of reasons of a judicial decision not only the reasons for accepting or not accepting certain evidence, but also the reasons for giving preference to one piece of evidence over another for each judicial decision. Based on the obtained results, the most meaningful and detailed legal requirements to the statement of reasons of a judicial decision were identified, taking into account the best ways to further reform the procedural legislation of Ukraine in order to improve judicial decisions in terms of motivated reasoning while their making. In our opinion, Code of Administrative Procedure of Ukraine and Civil Procedure Code of Ukraine should define in more detail the requirements for the motivating part of the court decision.The court decision must contain not only the reasons for accepting or not accepting certain evidence, but also the reasons for giving preference to one piece of evidence over another in each court opinion, in addition, such conclusions and court reasons must apply to all evidence provided by the parties. A comparative analysis of the above rules of procedural law shows that commercial litigation on the requirements for the motivational part of the court decision is the most advanced, logical, modern and one that meets the needs of business entities and society as a whole.