Correlation of validity and reasonableness of a court decision in civil and arbitration proceedings

Authors

  • K. S. Ryzhkov Ural Branch of the Russian State University of Justice

DOI:

https://doi.org/10.17308/law/1995-5502/2023/3/52-56

Keywords:

court, judicial act, court decision, validity, reasonableness, reasonableness part

Abstract

The article examines the relationship between the concepts of validity and reasonableness of a court decision in the framework of civil and arbitration proceedings. The legal nature of each of these concepts is considered in the context of the requirements for a court decision. The conclusion is made that it is inadmissible to define the concept of reasonableness solely through the concept of validity of a court decision. It is proposed to amend the norms of procedural legislation concerning the consolidation and specification of the requirement of reasonableness in relation to judicial decisions in civil and arbitration proceedings.

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Author Biography

  • K. S. Ryzhkov, Ural Branch of the Russian State University of Justice

    Candidate of Legal Science, Associate Professor of the Civil Procedure Law Department

References

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Published

2023-12-06

Issue

Section

Civil Law and Process