Improvement of the legal technique of formalization of court acts in Ukraine

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 1; no. 77; pp. 41 - 46
• Main Author: Superson, O.O.
• Format: Journal Article
• Language: English
• Published: 27.06.2023
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2023.77.1.6

In the work, the author revealed the relevance of the scientific study of the legal technique of formalization of court acts, taking into account the peculiarities of the development of the domestic judiciary. It is noted that the issue of the legal and technical structure of judicial acts in Ukraine is not new in the legal science of Ukraine, but remains extremely relevant in the context of improving the rules, techniques, methods and means of the legal technique of formalizing such acts. Therefore, the topic of this scientific work is relevant, first of all, from the point of view of strengthening the practice of preparing court documents, countering legal and technical errors in their formalization. Attention is focused on the fact that the relevance of the study of the legal technique of judicial acts is also proven by its important law enforcement and human rights protection significance. It is concluded that the legal and technical quality of court decisions depends on many factors, in particular, on the legislative provision of requirements for the legal technique of preparing court decisions and the mechanism of their use, the responsible attitude of the subjects of the judicial process to the preparation of court acts, the formulation of legal requirements by the subjects of appeals to the court , as well as the legal positions of other participants in the proceedings, etc. For the adoption and formalization of a high-quality judicial act, it is important not to make mistakes at the stage of its preparation and adoption: in particular, not to make a mistake in the very qualification of the subject of the trial, the formal description of the practical situation, the formalization of the motivational component of the court decision, the legal fixation of the legal consequences for the participants of the trial affairs. Based on the analysis of the state of formalization of judicial acts, the author established and characterized the ways of improving the legal technique of formalizing judicial acts in Ukraine, which include: firstly, the coordination of means, methods, rules and methods of the legal technique of judicial acts with general principles of law and principles of judicial procedure; secondly, the structuring of the legal technique by determining the general requirements relating to any judicial acts, as well as highlighting the special requirements of the legal technique, which will reflect the type of legal proceedings and the place of the court in the instance system; thirdly, it is important to strengthen the practice of introducing new digital technologies, artificial intelligence, monitoring and control software to strengthen the formalization of judicial acts, etc.