Problematic aspects of the theoretical and procedural distinction between the concepts of “reasonableness” and “reasonedness” of a court decision in economic litigation

Abstract

In the procedural legal relationship, the court’s decision refers to the legal fact that ends the court proceedings in the court of first instance, at the same time determines the right to appeal and, accordingly, the possibility of further development of procedural legal relations in the courts of appeal and cassation.The court’s decision, which has entered into legal force, is the basis for further proceedings. At the same time, the court decision is the most important act of substantive law, that is, an act of exercise of judicial power. Which by virtue of the disposition of Art. 236 of the Economic Procedural Code of Ukraine, first of all, the decision must be based on the principle of the rule of law and legality, and secondly, it must be justified.However, some judges have an ambiguous understanding of which decision is considered justified, as some equate justification with motivation.At the same time, a reasoned decision is a court decision that properly states the grounds on which it is based.The lack of a motivational part of the court decision leads to an improper court decision and, as a result, to the violation of the rights, freedoms and legitimate interests of the parties in the case, the rights and interests of which may be violated by the court decision.Thus, the motivation of court decisions is a mechanism for making informed decisions, as well as the implementation of the principle of openness, access to justice, which contributes to the fairness of court decisions and is part of the right to defense.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 resolutive 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 effective protection of the rights and legitimate interests of the parties to the dispute and the possibility of actual execution of the rendered court decision depend on the completeness of the validity of the rendered court decision, the clarity and correctness of the presentation of its operative part, as a result.