CRITERIA FOR THE COURT’S COMPLIANCE WITH THE OBLIGATION TO PROVIDE JUSTIFICATION OF ITS DECISIONS

The article aims to identify the criteria of ‘the court’s compliance with the obligation to provide justification of its decisions. The following criteria have been identified: a court accepted the party’s (parties’) argument that has the following features: is concrete; is relevant; is appropriate;...

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Bibliographic Details
Main Author: Lyudmyla Deshko
Format: Article
Language:deu
Published: Vilnius University Press 2016-10-01
Series:Teisė
Online Access:http://www.journals.vu.lt/teise/article/view/10121
Description
Summary:The article aims to identify the criteria of ‘the court’s compliance with the obligation to provide justification of its decisions. The following criteria have been identified: a court accepted the party’s (parties’) argument that has the following features: is concrete; is relevant; is appropriate; in case of court’s refusal to accept the evidence provided by the party (parties), the court provides detailed and compelling reasons for this refusal listed in its decision document; the evidence was admitted in a fair way; the evidence was examined in a fair way; implications of evidence examination and application of judicial norms are in compliance with CPHRFF; the procedural decision-making is fair.
ISSN:1392-1274
2424-6050