LEGALITY AND VALIDITY OF A COURT DECISION AS A GUARANTEE OF THE IMPLEMENTATION OF THE PRINCIPLES OF FAIRNESS OF JUDICIAL PROCEEDINGS

Abstract

The article examines the constitutional and legal categories of legality and validity of a court decision as a guarantee of the implementation of the principles of fairness of judicial proceedings in Ukraine. It is noted that the requirements that are imposed on a court decision serve as a constitutional guarantee of solving the problem within the framework of the law, protecting the rights and legitimate interests of a person and citizen, restoring the violated right and legality, a guarantee of the administration of justice, that is, one of the most important guarantees for the formation of a state governed by the rule of law. It is noted that only if the court complies with all the requirements established in the law regarding the legality of the court decision, it is possible to talk about the fulfillment of the constitutionally established tasks of judicial proceedings and Justice. It is stated that the requirements that are imposed on a court decision, based on their constitutional and legal essence of purpose, are determined by a number of provisions: the system of ethical, moral principles that characterize legal personality and court decisions as its acts; the goals and objectives of judicial proceedings; the functions that court decisions perform. It is determined that legality and validity are not only requirements for a court decision, but also its main properties. It is concluded that the courts’ compliance with all the requirements of the law imposed on court decisions is an indispensable condition for their effectiveness in protecting the rights and legally protected interests of citizens and other subjects, and preventing offenses. It is justified that in the administration of justice, these requirements cannot exist separately from each other. The legislator links these concepts together, and their separate application is necessary solely in the interests of practice. The court decision made must comply with the norms of procedural law, if the necessary banking details are provided for by the legislation of Ukraine. It is determined that the tasks of judicial proceedings are correct and timely consideration and resolution of cases in order to protect the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and interests of Ukraine. It is noted that a court decision can be considered the ideal by which the protection and restoration of the violated or disputed rights of the above-mentioned subjects is carried out. It is noted that today the quality of compiled and executed court decisions is at a rather low level, as spelling, punctuation, grammatical, lexical and stylistic errors were found in many verified court decisions. It is proved that the quality of a court decision is determined by a set of essential properties, which allows us to speak of a court decision as a strong-willed, individually defined procedural act adopted by the court, which has a state power character and is issued in writing. It is concluded that ideally, justice and objectivity as requirements for a court decision should coincide in their manifestation, because any objectivity should be fair.