Non-disclosure of information in transcripts of court decisions

Draft bill #7033-д of January 13, 2023

Cosponsor: a group of MPs from the Servant of the People faction

Who is affected: citizens, foreigners and stateless persons who are participants in legal proceedings, and courts

Summary of the bill:

• courts will publish their decisions not the next day after they are delivered, but 3 days after
• the list of information that cannot be disclosed will be expanded to also cover names of military administration bodies and addresses of critical infrastructure facilities and state-owned enterprises that are strategically important for the economy and security of the state
• while martial law is declared, public access will be restricted to court decisions in criminal proceedings against persons who are suspected or accused of committing criminal offenses against the foundations of national security, protection of state secrets, the integrity of state borders, conscription and mobilization, or against the established order of military service. This information will be restricted for the general public for a year after the martial law ends
• provisions of the Law on Access to Public Information will not apply to court decisions.

What is right:

• the bill strengthens the security of critical infrastructure facilities and other facilities important for the defense of the state.

What is wrong:

• to close public access to some court decisions even after martial law ends is to violate the principle of transparency of the judicial process
• the bill restricts the right to access public information.

Alternative solution:

• to withdraw the draft law.