THE MOTIVATION OF COURT DECISIONS –A PREREQUISITE FOR THE PROTECTION OF HUMAN RIGHTS
DOI:
https://doi.org/10.1063546/vp7yxb34Keywords:
reasoned court decision, fair justice, the rule of law, trust in the court, require- ments for a court decision, public control over the administration of justice, realization of the right to judicial protectionAbstract
The article examines the theoretical and practical aspects of the motivation of court decisions in civil cases. Based on the analysis of the norms of the CPC of the Republic of Kazakhstan, it is shown that there is a tendency to gradually move away from the "classical" understanding of the motivation of judicial acts. There are even norms providing for the possibility of issuing judicial acts without stating their motivation. This trend is criticized because an unmotivated court decision cannot be an act of fair justice. Fair justice is a value – a goal that must be achieved. The motivation of the court decision is the most important instrumental value for achieving this goal. The analysis of theoretical views, provisions of the Constitution of the Republic of Kazakhstan, and norms of international acts allowed us to conclude that the CPC of the Republic of Kazakhstan needs to introduce norms on the motivation of a court decision, as well as norms on fair consideration and resolution of the case.
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