19
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
19-23
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
The article discusses the main indicators of the quality of judicial acts such as legality, validity, consistency, correctness.
The author points out the difference between the validity and legality of court decisions. It explains the inadmissibility
of using slang, local dialects in a court decision, which lead to a negative perception of judicial acts by society.
KEYWORDS
Judicial act, jurisdictional procedures, legality, validity, consistency, correctness.
INTRODUCTION
Nowadays it is more important than ever to ensure the
true independence of the judiciary and increase the
authority of the court. If the judiciary does not gain the
trust of citizens and society, then it is likely that
informal jurisdictional procedures in resolving disputes
will develop in society. This will lead to the fact that
the subjects of public legal relations will begin to evade
appeals to official courts and prefer various kinds of
unofficial intermediaries, which in turn will lead to a
decline in the authority of the judicial system and a
Research Article
THE MAIN CRITERIA FOR THE QUALITY OF COURT DECISIONS
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue05-04
Rakhimov Azizjon
Judge of the Tashkent regional Administrative Court, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
20
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
19-23
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
sharp increase in the shadow economy and corruption.
Under such circumstances, the state will be less
attractive for investment projects and foreign
partners.
The main indicators of the quality of the judicial system
are the consistency of decisions taken, the unity of
judicial practice and, accordingly, its predictability.
In our opinion, the quality indicators of judicial acts
should be distinguished on the following grounds:
Legality
This criterion is seen in all procedural norms of our
republic. For example, in accordance with Article 11 of
the Criminal Procedure Code of the Republic of
Uzbekistan, a judge, a prosecutor, an investigator, an
inquirer, a defender, as well as all individuals involved
in criminal proceedings, are obliged to strictly observe
and comply with the requirements of the Constitution
of the Republic of Uzbekistan, this Code and other
legislative acts of the Republic of Uzbekistan [1]. Or in
accordance with Article 9 of the Civil Procedure Code
of the Republic of Uzbekistan, “Administering justice in
civil cases, judges are independent and obey the law
only”.
Any interference in the activity of judges when
administering the justice is unacceptable and entails
liability under the law [2].
Legality is often defined as the compliance of a judicial
act with the current regulatory legal acts.
In judicial practice, there are decisions that are made
with the application of laws that have become invalid
or based on facts that did not take place in practice.
The court's decision will be legal even if it contradicts
INDICATORS OF THE QUALITY
OF JUDICIAL ACTS
LEGAL
LEGALITY
REASONABLENESS
LEGAL VALUES
LOGICALITY
CORRECTNESS
21
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
19-23
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
the law, since the law clearly prescribes the execution
of court decisions. The decision will be legal until it is
overturned by the highest authority in accordance with
the law. Therefore, when speaking about the legality
of judicial acts as an indicator of its quality, the society
should consider the decisions of the general practice of
interpretation and application of law - both in other
judicial instances and in other law enforcement and
administration agencies.
Another indicator of the legality of court decisions is
compliance with the requirements of Articles 20 and 21
of the CPC of the Republic of Uzbekistan. Article 21 of
the CPC of the Republic of Uzbekistan includes a
specific list of circumstances when a judge cannot
consider a case and is subject to recusal. This takes
place when a judge:
1)
Participates as a judge during the previous
consideration of this case, and his/her repeated
participation in the consideration of the case in
accordance with the requirements of this Code is
unacceptable;
2)
Is interested personally, directly or indirectly in
the outcome of the case or there are other
circumstances that cast doubt on his/her
objectivity and impartiality;
3)
Participated as a judge of the arbitration court,
prosecutor,
expert,
specialist,
translator,
secretary of the court session, witness and
representative during the previous consideration
of the case;
4)
Is a relative of an individual or other individuals
participating in the case;
5)
Is a relative of the judge who is a member of the
panel considering the case[3].
Article 20 of the Code indicates the circumstances in
which a judge cannot participate in the re-examination
of a case "The judge who considered the case in the
court of first instance may not consider this case again
if the court's decision is overturned by the court of
appeal or cassation, except when the cases on newly
discovered circumstances as well as review of the
decision taken in absentia are considered”.
The judge who considered the case in the court of first
instance may not participate in the consideration of
this case in the court of appeal or cassation instance.
The judge who took part in the consideration of the
case in the court of appeal may not participate in the
consideration of this case in the court of first instance
or cassation instance.
The judge who took part in the consideration of the
case in the court of cassation instance may not
participate in the consideration of this case in the court
of first or appellate instance, or in the court of
cassation instance during the retrial of this case[4].
The court decision will not be lawful and is subject to
cancellation if the judge neglects the rules of
jurisdiction or responsibility when considering the
case.
Reasonableness (motivated).
The law provides for the validity of judicial acts. Part 3
of Article 455 of the Criminal Procedure Code of the
Republic of Uzbekistan provides that, "the verdict is
recognized as justified if the actual circumstances of
the case have been established with the necessary
completeness and in exact accordance with how they
actually took place[5].
It should be noted that not everyone distinguishes
between the validity and legality of court decisions.
Arguing convincing grounds within the framework of
the relevant law and order, the court justifies its
22
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
19-23
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
decision on specific circumstances relevant to the case.
And legality is defined as compliance of a judicial act
with the current regulatory legal acts.
In order for the parties to have no grounds and
impressions to consider the court's decisions
unilateral, the judge in his/her decision must clearly and
precisely substantiate the answers to the legal
questions posed to the court.
Logicality
Despite the fact that the legislator does not see the
legal requirements for the consistency of court
decisions, consistency is one of the main indicators of
the quality of court decisions.
If the decision is structured logically correctly, then any
individual who does not have a legal education and is
not privy to the essence of the matter will understand
its meaning. In our opinion, it will be appropriate to use
the header or other means in the formation of the
solution. This especially applies to civil cases related to
inheritance, the discussion subject of which is much
more complicated than that of other court
proceedings. The use of such tools helps the author to
check the logic of decisions.
Correctness
A linguistically and terminologically correct judicial act
is considered correct. When making a court decision,
the judge must strictly observe the language of the
court decision. The main characteristics of court
decisions can be cited as imperativeness, accuracy,
template (uniformity of style) and formality. It is
unacceptable to use slang and local dialects in a court
decision, which leads to a negative perception of
judicial acts by society.
The author of the judicial act should not use complex
legal terms and expressions. This leads to the fact that
the parties who do not have legal knowledge will begin
to doubt the legality and fairness of the court decision.
As mentioned above, the judge must observe the
language of the judgment and avoid unnecessary legal
terms and expressions when making decisions.
It should not be forgotten that in most cases the main
"consumers" of judicial acts are individuals who, as a
rule, do not have deep legal knowledge and, therefore,
will not be able to read the text written in a legal
language incomprehensible to them. Such a decision
will also not serve the development of the legal culture
of the population, which probably will not accept it
because
of
its
inherent
complexity
and
incomprehensibility.
Making a conclusion we can say the following. Making
a decision is a big responsibility. After all, the fate of
not only individuals, but also legal entities depends on
the judge's decision. One misinterpreted law or article
can cripple a person's fate and permanently lose
confidence in the judicial system and the state.
Nowadays the legal consciousness of society is
growing rapidly and society expects from the judiciary
not just decisions, but decisions that would allow
people to plan their future actions with a reasonable
understanding of which actions will be recognized as
legitimate, and from which actions it is advisable to
refrain due to possible negative consequences
(sanctions) from the courts.
At the end I wanted to remember the words of
E.Anners "the level of its civility largely depends on the
extent to which legal technology is developed in the
country"[6]. By making informed and correct
decisions, the courts contribute to improving the legal
culture and consciousness of the population.
23
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
19-23
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
REFERENCES
1.
Закон Республики Узбекистан от 22.09.1994 г.
№ 2013-XII
2.
Собрание законодательство Республики
Узбекистан 2018 г., № 4
3.
Собрание законодательство Республики
Узбекистан 2018 г., № 4
4.
Собрание законодательство Республики
Узбекистан 2018 г., № 4
5.
Закон Республики Узбекистан от 22.09.1994 г.
№ 2013-XII
6.
Э.Аннерс История европейского право. М.,
1994, С 7
