PRINCIPIUL VALIDITĂŢII HOTĂRÂRILOR JUDECĂTOREŞTI ÎN UCRAINA
PRINCIPLE OF VALIDITY OF JUDGMENTS IN UKRAINE

Summary/Abstract: The relevance of the study of argumentation in public law is related to the challenges of modern litigation, which requires new approaches in the construction of a court decision. The essence of the legal argument is to provide convincing legal arguments, evidence of the correctness of resolving the dispute in the proposed manner, understanding the content of a rule, extending it to certain relationships and resolving a certain life situation. Argumentation is an important component of legal practice. It is used in the preparation of laws by parliament, in the drafting of judgments and in day-to-day legal practice. The theory of legal argumentation has been actively studied by representatives of foreign legal science for the last forty years, starting from the idea that rational argumentation is possible by following a set of rules, principles and procedures. The task of doing justice under the law can sometimes require, in particular, that these values, which are inherent in the constitutional order but are not expressed or only imperfectly expressed in recent legal texts, be disclosed and enforced in this decision. At present, legal reasoning needs to be scientifically studied in its form, with the main analysis of the substantive content of the argument with morality, given the constant challenges of constitutional justice and the requirement of critical judgment of judges on the application of social justice.

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