Azarova E.S. Problem of Motivation of Court Decisions in Criminal Procedures
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.9
Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653
Introduction. The article examines the problem of the motivation of court decisions in criminal procedures. It has been established that motivation determines the quality of court decisions. The author comes to the conclusion that the basis of motivation is the discretion of the court. The author analyzes the discretion of the court as an aspect of the judge’s activity. The motivation of court decisions is aimed at their quality and accessibility for the population of the country. The author believes that motivation is aimed at increasing the authority of the judiciary. The purpose of the article is to reveal motivation through the concept of court discretion. Research methods: dialectical method of cognition, system analysis, logical-legal method. Results. Based on legal analysis, the motivation of court decisions is considered by the author to be a component of the court’s discretion. The limits of the court’s discretion are determined by the rules of law and the motivation of decisions; therefore, they are called the normative limits of discretion. The limits under consideration allow the court to make a decision based on the circumstances of the case and its motivation. Conclusion. The discretion of the court should be considered as the interaction of procedural rights aimed at making a lawful decision. In other words, the basis of discretion is the position of the court, based on law enforcement practice, motivation of decisions, systematic analysis of the rules of law, and a creative approach within the framework of the criminal case under consideration.
Key words: court decisions, motivation, discretion, court, criminal proceedings, rules of law, criminal procedures, criminal procedural form.
Citation. Azarova E.S. Problem of Motivation of Court Decisions in Criminal Procedures. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 62-66. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.9
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