Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems

Abstract

Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observation, methods of analysis and synthesis, structural and functional method. Results. The authors came to the conclusion that the main institutional features of judicial decisions (procedural form, requirements to the content regulated by the law, the procedure for making, binding, special procedure for their verification and review) are determined by their nature, as well as by the specifics of the epistemological activity of the court when making them. Judicial decision making is a complex mechanism consisting of a set of various structural elements that correspond with one another in various multiple direct and indirect relationships. Discussion and Conclusion. Judicial decision as an act of judicial power should reflect its basic properties: independence, regulation and law enforcement, decisiveness and objectivity. Judicial decisions taken together must meet the full requirements of the judiciary. The most important property of a court decision is its compliance with the requirements of legal norms. Among the features of the legal nature of the judgment should include: the relevance of the hierarchy of legal regulations governing its form, its content and procedure, and the proper interpretation of the rules of law applied in making this decision. The validity of the court decision is based on an objective semantic link between the results of the evidence, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions of the court on the merits of the issue under consideration in the operative part. The higher the level of proof required in making a decision and the more clearly regulated the procedure of proof and decision-making – the higher the degree of fairness of the court decision.