OBJECTIVE AND SUBJECTIVE FACTORS FORMING AND ADOPTION OF JUDICIAL DECISIONS

The article deals with the concept and essence of the forms and content of the court decision, the requirements for their formation and adoption, is given a characteristic that the legal process, as any system, is an objective phenomenon, aimed at the implementation of the rules of substantive law. Objective law - law, as a set of rules, in contrast to the rights granted to individuals (subjects). Therefore, the legal (subjective) right under the scientific concept of human rights is recognized only those claims of a person who can be subject to judicial protection, that is, it is an institutional right to a court decision in its judicial function. From the analysis of scientific legal literature it is shown that there is a formal representation of the interpretation of the categories of objective and subjective, which are considered not on the logic of law, but on the objective criterion - the practice. In court decisions there is a variety of defined notions of subjective rights, legal personality, subject of appeals, subject of consideration of the case, and others. From the point of view of the dispositivity and delicacy of providing the subject with the right to protect objective and subjective rights and to protect the interests of the law. Objective and subjective are treated as the broadest unity of opposites that philosophy has ever used. Subjectivity in relation to the subject, human, person associated with the actions of the subject, reflecting the thoughts, the experience of only one subject, personal. In modern legal proceedings, subjective manifests itself in the dialectical opposition of subjective rights in judicial practice and subjective legal obligations of subjects of the court process, identified signs of objective and subjective errors of court decisions, the influence of objective and subjective's factors on the formation and approval of irrefutable court decisions. The article introduces proposals for amendments to the court legislation to provide for: the decision of cases in the courts of first instance, not one judge; review of court decisions in exceptional circumstances as a kind of cassation proceedings; the allocation in the code of administrative proceedings of a special section of consideration of cases and exceptional circumstances. With the adoption of these and other recommendations of the article to the legal documents on the basis of research opens new opportunities for the protection of rights, freedoms and institutions of individuals and legal entities.