Motivation of decisions in criminal proceedings

Abstract

The Code of Criminal Procedure of the Republic of Kazakhstan, widely using the term «motivation» in relation to various proceeding decisions, does not give its legal interpretation. In common sense the motivation is understood as availability of rather convincing reasoning, motivations. The most important part of criminal proceedings in informative and logical aspect is reasoning of the choice of the legal standards which are applied in the handling of particular criminal case and also those proofs and arguments of the parties which become a basis for reaching a court verdict. All criminal procedure decisions have to be motivated, it is the universal requirement imposed to the decisions made during the criminal proceedings. The purpose of article is a consideration of motivated decision features, determination of structure of motivation and its necessary elements. The research purpose consists in the analysis of the legal nature of motivation of legal proceedings and decisions in modern criminal proceedings of Kazakhstan. According to the purpose the following tasks are set: the analysis of a concept of proceeding decisions, consideration of motivation as a guarantee of legality and justification, definition of criteria of legal proceedings motivation and decisions, analysis of their essence and value. The methodological basis of a research is introduced by doctrinal provisions of the general theory of knowledge. As a result of a research conclusions are drawn that the motivation is the property of legal proceedings and decisions determining respect for the principle of legality by subjects of proof in the course of implementation of criminal procedural activity by them.