MOTIVATION SENTENCES WITH THE USE OF SPECIAL ORDERS OF THE TRIAL

Abstract

The article discusses the special orders of the court proceedings as provided for in chapters 40 and 40.1 of the code, which is a compromise forms of justice and providing judges with sufficient scope for discretion. The author substantiates the necessity and importance of mandatory motivations of the judgments in the application of these orders that would prevent the escalation of discretion in an arbitrary, and should promote fair justice.