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Maxim Ali commented on the procedure for publishing court decisions which has been approved by the Supreme Court
Novaya Advokatskaya Gazeta has published an article titled ‘The decisions of the courts in open access’ which covers the decision of the Supreme Court’s Presidium on guidelines for the publishing of court decisions on the courts’ official websites. In addition to the procedure and timescales for publishing court decisions for various categories of matters, the guidelines also contain a variety of rules relating to the publication of personal details of the participants in court proceedings.
Senior Associate at Maxima Legal, Maxim Ali commented that although the content of the guidelines in many respects reproduce Article 15 of the law on the access to information regarding court proceedings in Russia, nevertheless the new provisions benefit those who study the practice of the general jurisdiction courts. Courts continue to be inclined to retract names of parties in civil disputes and also remove figures for any damages awarded which is contrary to legislation and makes accessing information on proceedings difficult; the guidelines of the Supreme Court’s Presidium provide a means to resolve these problems.
Maxim also highlighted the gaps in the decision of the Presidium: “For example, it does not establish timescales for the publication of decisions of the general jurisdiction courts, this issue is left to individual courts. At the same time, in practice court decisions are often published following delays, and in some instances are not published at all, which does not reflect positively on the openness of the courts and the public’s confidence in them”, explained Maxim.
Overall the initiative of the Presidium of the Supreme Court is a positive one, which will significantly support the work of lawyers and advocates in the general jurisdiction courts.
For the full version of the article, please click here.
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