Influence of civil legal proceedings’ principles on judgement’s justification within civil judiciary
Authors: Shkarovskyi D.O. 
Published: December 2024

The author of the article studies the problem of the influence of civil legal proceedings’ principles on a judgement’s justification within civil judiciary. The specified legal problem remains relevant, since the issue of the obligation to provide reasons in a judgement during the administration of justice within civil legal proceedings is not fully resolved.
The historically formed relationship between the principles of civil legal proceedings and the need to provide reasons in a judgement has been analyzed. It has been concluded that the principles of civil legal proceedings are historically dynamic by their legal nature and are constantly evolving, as a result their legal basis is constantly being changed. At the same time, a judgement’s justificationremains an integral component of a legal court decision, despite the lack of legislative consolidation.
The author has carried out a comparison of the principles of civil legal proceedings with a judgement’s justification as a mandatory component of any decision within civil judiciary. The influence of the principles of judicial proceedings on the evolutionary nature of motives in court decisions and establishment of their bindingness has been clearly demonstrated. The author of the article has analyzed and highlighted the mechanism of influence of the principles of civil legal proceedings on a judgement’s justification and the resulting consequences. Moreover, the author has analyzed the direct interaction of the rule of law as a theoretical and practical category and the fundamental principle of the rule of law with a judgement’s justification as an integral element of a fair and legal court decision within civil judiciary. It has been concluded that the rule of law as a principle of civil legal proceedings had been already incorporated in the requirement of a judgement’s justification and is its component.
A number of works have been studied where scholars reveal the content of the principles of civil legal proceedings and determine their role in the implementation of effective justice within civil judiciary. However, the author draws attention that the issues of a judgement’s justification as its mandatory component in terms of the absence of regulatory consolidation in civil procedural legislation of Ukraine are insufficiently revealed in the works of researchers. It has been noted in the article that the studies, which consider the interaction of the principles of civil legal proceedings with a judgement’s justification are very rare and do not reflect the entire essence of the existing legal problem.
At the same time, this paper has illustrated in details the modern influence of the principles of civil legal proceedings on a judgement’s justification. In particular, we support the opinions of scholars regarding the impossibility of implementing a judgement both without proper justification and without observing the principles of civil proceedings. Thus, the author has concluded that every principle of civil legal proceedings is an integral component of a judgement’s justification. The specified both explains the existing relationship between the application of the principles of civil legal proceedings and the effective administration of justice and demonstrates the achievement of the tasks of civil judiciary.