СТАНДАРД ОБРАЗЛОЖЕНОСТИ СУДСКЕ ОДЛУКЕ – ПРВИ ДИО - образложење у формалном и материјалном смислу -
THE STANDARD OF THE REASONING FOR THE COURT DECISION - PART ONE - explanation in the formal and material sense –

Summary/Abstract: It is of essential importance that a court decision, regardless of whether it is a decision of the first instance or a decision of higher court instances, in order to achieve its primary purpose (to resolve the legal matter in question), is explained to the extent that the reasons for the court‘s decision are visible to the parties as in the specific case. Upon first glance, this theoretical setting should not cause any problems in practice. However, the situation ‚‘in the field” is anything but simple and without problems, primarily due to the qualitative lack of reasoning for the court decision. In a sense, as a problem that can have more serious consequences in the long term and as such latently threaten the realization of the basic role of every court decision in the process of doing justice, the judicial community and its institutions responsible for the education of judges have recognized the need for continuous seminars in which, primarily to newly elected judges, experienced judges would point out the importance of a good explanation of the court decision as well as to refer to the examples of good and bad practice that educators encounter when preparing education on the given topic. In this paper, the author will, by elaborating on the standard of reasoning for the court decision, try to point out the significance of respecting the standard itself, but also refer to concrete situations in practice that may call into question the legality and regularity of a court decision from the aspect of lack of reasoning or insufficient reasoning.

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