Social Sciences
| Open Access |
DOI: Legal, Reasonable And Fair Court Decision: Requirements, Analysis And Proposals
Tazhiboev Marufjon , Independent Applicant For The Higher School Of Judges Under The Higher Judicial Council Of The Republic Of Uzbekistan, Tashkent, UzbekistanAbstract
The article discusses the issues of established requirements regarding the legality,
validity and fairness of civil court decisions. Currently, issues related to the implementation
of the principle of justice in the judicial sphere play a key role. It is not a secret for anyone
that the well-known principle of justice is fixed at the legislative level, however, the presence
of judicial errors is a fairly frequent occurrence in law enforcement practice. In the article,
the aforementioned principle of justice and its manifestations in the sphere of the
implementation of court decisions are analyzed. This issue clarifies and forms the need to
use the principle of justice in making an objective and reasonable court decision. In addition,
theoretical reasons and conditions of unfair court decisions are described in detail, and
constructive mechanisms to combat judicial errors are highlighted. As a result of the study,
it was concluded that the illegality and injustice of the court decision directly depends on
both external and internal (psychological) factors.
Keywords
civil case, court decision
References
Shorakhmetov Sh.Sh. Civil procedural law of the Republic of Uzbekistan. Tashkent:
Adolat. 2001. –231 pp.
Mamasiddikov M.M. Civil Court Judgments / Study Guide. –T.: Military Technical
Institute of the National Guard, 2018. –4 pp.
Civil Procedure Code of the Republic of Uzbekistan // http://lex.uz/docs/186105 .
This Code has expired on April 1, 2018 in connection with the Law of the Republic of
Uzbekistan dated August 30, 1997 No. 477-I “On Approving the Civil Procedure Code of the
Republic of Uzbekistan” in accordance with the Law of the Republic of Uzbekistan dated
January 29, 2018 No. ZRU-463 “On amendments and additions as well as recognition as
invalid of some legislative acts of the Republic of Uzbekistan”.
Civil Procedure Code of the Republic of Uzbekistan // lex.uz/docs/3517337#-
Decision of the Plenum of the Supreme Court “On the decision of the court” No.12
of May 24, 2019 // http://lex.uz/docs/4396483#4396539
The Law of the Republic of Uzbekistan “On regulatory legal acts” in the new edition
of December 12, 2012 // http://lex.uz/docs/2105724
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