Problemal Aspects of Theoretical – Procedural Distinction of the Concepts of “Reasonability” and “Motivation” of a Judicial Decision

Mudrytska, Kateryna

doi:10.32782/chasopyskiivp/2022-2-4

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“…Problematic aspects of the theoretical and procedural distinction between the concepts of "motivation" and "justification" of a judicial decision (as theoretical and procedural aspects) were considered by K. Mudrytska (2022). According to the researcher, the analysis of case law has revealed procedural problems related to the implementation by judges of the imperative requirements for judicial decisions regarding the rule of law, legality, reasonableness and, in particular, the ambiguous understanding by judges of their reasonableness and motivation, which are often simply identified.…”

Section: Introductionmentioning

confidence: 99%

The quality of judicial decisions in cases of bullying in professional educational institutions

Yushkevych

2023

Pravo bezpeka

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The positions of scholars on the concept of “judicial decision quality” have been examined. Criteria for a high-quality judicial decision include justice, timeliness, justification, clarity, clear language, and an accessible style. The researchers also distinguish between objective (legal training, legal experience, qualification requirements for judicial candidates, opportunities for practicing judges to improve their skills, mechanisms for monitoring the work of judges, unrestricted public access to judicial decisions, the role of legal science in analysing judicial decisions) and subjective (the judge’s personality, salary, social guarantees, working conditions and ability to organise their work) factors that affect the quality of a judicial decision. The summaries of judicial practice and analytical work on the application of the Supreme Court’s legislation focus on the following requirements for the quality of drafting and execution of court decisions in cases on administrative offences: execution of a judicial decision with strict compliance by the court with the requirements established by law to its form and content, compliance with the legislation on the language of legal proceedings. Normative legal acts aimed at developing a unified approach to understanding the quality of judicial decisions have been analysed. Requirements for determining the quality of a judicial decisiont are considered in the Conclusion of the Advisory Council of European Judges No. 11 (2008) on the quality of judicial decisions, including external environment – legislation and economic and social context (legislation, resources, actors in the judicial system and legal education), internal environment - professionalism, procedural rules, case consideration and decision-making (professionalism of the judge, procedural rules and case management, case consideration in court, elements inextricably linked to decision-making). Judicial decisions in cases of bullying in vocational education institutions adopted in accordance with the provisions of the Code of Ukraine on Administrative Offences are considered with regard to the presence or absence of requirements for the quality of judicial decisions. It has been established that a certain number of judgements do not have the components of judicial quality. Shortcomings of the current legislation on administrative offences have been highlighted. In particular, the outdated provisions of the Code of Ukraine on Administrative Offences; the absence of an article that would provide for the adoption of rulings by courts in the name of Ukraine in cases of administrative offences, etc. The article analyses the judicial decisions made by courts in the period from 2019 to 2021 in cases on administrative offences involving bullying of participants in the educational process in vocational education institutions in terms of their clarity (comprehensibility) and validity. It has been highlighted that most judicial decisions contain an exhaustive list of evidence in the case; the courts comply with the requirement to find out whether an administrative offence has been committed, whether the person is guilty of committing it, whether he or she is subject to administrative liability, etc..

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Section: Introductionmentioning

confidence: 99%

The quality of judicial decisions in cases of bullying in professional educational institutions

Yushkevych

2023

Pravo bezpeka

View full text Add to dashboard Cite

show abstract

Problemal Aspects of Theoretical – Procedural Distinction of the Concepts of “Reasonability” and “Motivation” of a Judicial Decision

Cited by 1 publication

References 0 publications

The quality of judicial decisions in cases of bullying in professional educational institutions

The quality of judicial decisions in cases of bullying in professional educational institutions

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