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ON THE NECESSITY OF A MOTIVATED COURT DECISION IN CIVIL CASES

JUDICIAL AUTHORITY AND PRACTICE


E.G. POTAPENKO

E.G. POTAPENKO,
Candidate of Legal Sciences,
Associate Professor of the Department of Civil Law and Procedure
of the Saratov State University Named After N.G. Chernyshevsky

Motivation of the court decision can be considered in various aspects, which are interrelated
and aimed at the need to reflect in the decision the appropriate amount of information
that allows you to trace the procedural and thought-logical analysis done by the court.
The article concerns the problem of a motivated court decision in civil cases in connection
with the intended perspectives in reforming of civil procedural law in the direction of
simplifying of the procedural form. The general trend of the development of the civil
procedural legislation in the direction of expanding the range of civil cases, according to
which the adoption of a motivated decision is not necessary, gives an urgency to this issue.
The article gives the author’s view on argumentation of the need for a motivated decision
in historical, general theoretical, sector-wide and international legal aspects. The complex
approach to the court decision as an enabling legislation and as an administered justice
containing the results of the evaluation of evidence allows the author to reply positively
to the question of the need for a motivated decision in civil cases. The author’s opinion
expresses the decision must necessarily include information reflecting its motivation, but
the author also emphasizes that the study is designed to analyze this issue from general
scientific positions and the problem requires further discussion.

Keywords: motivated court decision; reasonableness of court decision; validity of court
decision; civil procedure; right to judicial protection.

References

Gurvich M.A. Sudebnoe reshenie. Teoreticheskie problemy [Court Decision. Theoretical
Problems]. Moscow, 1976. (In Russian)
Kleynman A.F. Osnovnie voprosi teorii dokazatelstv v sovetskom grazdanskom
protsesse [The Main Issues of Evidence Theory in Soviet Civil Procedure]. Moscow; St.
Petersburg, 1950. (In Russian)
Kulapov V.L. Teoriya gosudarstva i prava: Uchebnik [Theory of State and Law: Textbook].
Saratov, 2011. (In Russian)
Polumordvinov D.I. Zakonnaya sila sudebnogo resheniya [Legal Force of the Court
Decision]. Tbilisi, 1964. (In Russian)
Yudelson K.S. Problema dokazivaniya v grazdanskom protsesse [The Problem of
Proof in Soviet Civil Procedure]. Moscow, 1951. (In Russian)
Zeyder N.B. Sudebnoe reshenie po grazdanskomu delu [Court Decision in Civil Cases].
Moscow, 1966. (In Russian)

Information about the author

Potapenko E.G. (Saratov, Russia) – Candidate of Legal Sciences, Associate Professor
of the Department of Civil Law and Procedure of the Saratov State University
Named After N.G. Chernyshevsky (410000, Saratov, Volsky St., 10a, Room 524b; e-mail:
egpotapenko@rambler.ru).

Recommended citation

Potapenko E.G. O neobkhodimosti motivirovannogo resheniya suda po grazhdanskomu
delu [On the Necessity of a Motivated Court Decision in Civil Cases]. Вестник
гражданского процесса = Herald of Civil Procedure, 2018, no. 4, p. 279–289. (In Russian)
DOI: 10.24031/2226-0781-2018-8-4-279-289

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Keywords