The article offers an analysis of epistemological methods of treating ECHR cases relating to the prohibition of discrimination. The conclusion is about the evaluative nature of the Court’s assessment when using nondiscrimination algorythm and relatively subordinate role played by rational elements in judicial estimation. Key components of the nondiscrimination algorythm (tests for comparability, justification and proportionality) require the use of the Court’s assessment of value. Therefore, there is a reason to consider judicial nondiscrimination algorythm not only as an instrument of logical analysis of the case, but as a way to organize and perform the results of assessment of value. In such a situation, practically the only criterion for the rationality of such assessment are the procedural acts: a decision by a majority of members of the panel.