THE LEGALITY OF ENFORCEABLE VERDICTS AS A FUNDAMENTAL PRINCIPLE OF FAIR TRIAL

Abstract

This article is devoted to the scientific study of the question of the legality of the decisions of the national courts of Ukraine as a legal precondition for the justice of the judiciary. The definiteness of such legal phenomenon as the legitimacy in the national and foreign doctrinal literature is analyzed. It is established that the majority of scientists define its contents as the strict observance of the court during consideration and decision of a civil case of the current rules of substantive and procedural law. That is the quality of the court decision, which is characterized by the proper application of the rules of substantive law, the observance of the rules of procedural law and the judiciary. In other words, the content and quality of the applicable law are in fact equated. According to the author, this is far from true. Legality and justice are far from identical phenomena, aspects of the fairness of the trial and the correctness and legality of the decision do not always coincide. The paper deals with some topical issues regarding the achievement of the maximum fairness of a court verdict, taking into account its validity, motivation and, consequently, legality. The essence and purpose of proper and necessary motivation and justification of the law enforcement acts of all subjects of power as a guarantee of their justice have been studied. The legal position of the European Court of Human Rights concerning the definition of the concept of legality as a set of available and foreseeable norms that allow a person to obtain adequate information in the circumstances of the application of legal rules in a particular case is presented, commented upon and analyzed. The “law” must be formulated with sufficient clarity to allow the citizen to regulate his behavior. One of the important factors behind such a need for quality law is the requirement that it meet the criteria of guaranteeing a remedy against arbitrary interference by public authorities with the rights guaranteed by international and national law. Therefore, despite the objectively necessary discretion of the law enforcement authority in the execution of the judiciary, each decision must be properly substantiated and reasoned.