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Law on Ensuring Access to Information about the Activities of Courts — Supreme Court of the Russian Federation

Law on Ensuring Access to Information about the Activities of Courts

RUSSIAN FEDERATION
FEDERAL LAW

On Ensuring Access to Information about the Activities of Courts
in the Russian Federation

22 December 2008
No. 262


Adopted by the State Duma on 10 December 2008
Approved by the Federation Council on 17 December 2008


[Translated as of June 2022]

 

Chapter 1. General Provisions

Article 1. Basic Concepts Used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:
1) request – an oral or written application of an information user, in particular in the form of an electronic document, to the courts, the Judicial Department at the Supreme Court of the Russian Federation (hereinafter – the Judicial Department), branches of the Judicial Department in constituent entities of the Russian Federation (hereinafter – bodies of the Judicial Department), bodies of the judiciary regarding the provision of information about the activities of courts in the Russian Federation (hereinafter – information about the activities of the courts);
2) information about the activities of the courts – information prepared by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary within the scope of their powers or received by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary and related to the activities of the courts. Legislation of the Russian Federation that establishes the manner of judicial procedure, the powers and manner of activities of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, as well as judicial acts adopted in concrete cases and other acts regulating the issues of activities of the courts are also related to information about the activities of the courts;
3) information user – a citizen (natural person), organization (legal person), public association, public authority or local self-government body searching for information about the activities of the courts;
4) judicial act – a decision adopted in the form stipulated in the corresponding law on the merits of a case considered in constitutional, civil, administrative or criminal proceedings, or proceedings in a commercial court. Judicial acts also include decisions of the courts of appeal, cassation and supervision, adopted in the form stipulated in the corresponding law following the consideration of appeals or cassation appeals (prosecutor’s appeals) or following the review of a court’s decisions in supervision;
5) the courts – federal courts, constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace of constituent entities of the Russian Federation (hereinafter – justices of the peace), comprising the judicial system of the Russian Federation;
6) single information space of federal courts and justices of the peace – complex of databases and databanks, of technologies of their maintenance and use, of information systems and information and telecommunication networks functioning on the basis of uniform principles and common rules and ensuring the information interaction of the Supreme Court of the Russian Federation, of federal courts, justices of the peace, bodies of the judiciary and of the system of the Judicial Department;
7) delayed court session broadcast – broadcast of a court session provided as a recording via radio, television or over the “Internet” information and telecommunication network (hereinafter – the Internet) after the court session has completed;
8) live court session broadcast – broadcast of a court session provided in real time via radio, television or over the Internet directly during an open court session;
9) partial court session broadcast – broadcast of a part of a court session, provided as a recording via radio, television or over the Internet after the court session has completed.

 

Article 2. Scope of Application of this Federal Law

1. The scope of application of this Federal Law covers the relations pertaining to ensuring access of information users to information about the activities of the courts.

2. If the legislation of the Russian Federation establishing the manner of judicial procedure, the powers and manner of activities of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, or the legislation of constituent entities of the Russian Federation establishing the powers and manner of activities of constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace stipulates requirements to provision of information about the activities of the courts other than those established in this Federal Law, the provisions of this Federal Law are applied with due regard to the requirements of the legislation of the Russian Federation, and in respect of information about the activities of constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace – also with due regard to the legislation of constituent entities of the Russian Federation.

3. The scope of application of this Federal Law covers the relations pertaining to provision of information about the activities of the courts to the editorial boards of mass media to the extent to which it is not regulated by the legislation of the Russian Federation on mass media.

4. The scope of application of this Federal Law does not cover:
1) the manner of constitutional, civil, administrative and criminal proceedings, proceedings at a commercial court, the manner of proceedings at qualification boards of judges;
2) the manner of execution of judicial acts;
3) relations pertaining to ensuring access to the personal data processed by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary;
4) the manner of information interaction engaged in by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.


Article 3. Legal Regulation of Relations Pertaining to Ensuring Access to Information about the Activities of the Courts

1. Legal regulation of relations pertaining to ensuring access to information about the activities of the courts is realized in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws establishing the manner of judicial procedure, the powers and manner of activities of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, this Federal Law and other federal laws, and as regards the constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace – also in accordance with the legislation of constituent entities of the Russian Federation. Legal regulation of relations pertaining to ensuring access to information about the activities of the courts is also realized by rules of the courts and (or) by other acts regulating the issues of internal activities of the courts, acts of the Judicial Department, acts of bodies of the judiciary.

2. If an international treaty of the Russian Federation establishes rules other than those stipulated in this Federal Law, the rules of the international treaty apply.

3. Decisions of interstate bodies adopted based on provisions of international treaties of the Russian Federation in their interpretation that contradicts the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction may be established in the manner stipulated in a federal constitutional law.


Article 4. Basic Principles of Ensuring Access to Information about the Activities of the Courts

The basic principles of ensuring access to information about the activities of the courts are as follows:
1) openness and accessibility of information about the activities of the courts, except as in cases stipulated in the legislation of the Russian Federation;
2) reliability of information about the activities of the courts and its timely provision;
3) freedom of search, obtainment, transfer and distribution of information about the activities of the courts by any lawful means;
4) respect for the citizens’ rights to privacy, to personal and family secrecy, to protection of honour and business reputation, for the organizations’ right to protection of business reputation; respect for the rights and lawful interests of the participants of judicial proceedings in provision of information about the activities of the courts;
5) non-interference in the administration of justice in provision of information about the activities of the courts.


Article 5. Restricted Access Information about the Activities of the Courts

1. Access to information about the activities of the courts is restricted, if said information is acknowledged, in the manner stipulated in federal law, as data that constitutes a state secret or other secret protected by law.

2. The list of data acknowledged as restricted access information, as well as the manner in which said data is acknowledged as restricted access information, is stipulated in a federal law.


Article 6. Means of Ensuring Access to Information about the Activities of the Courts

Access to information about the activities of the courts is ensured through the following means:
1) presence of citizens (natural persons), including representatives of organizations (legal persons), public associations, public authorities and local self-government bodies in an open court session;
2) disclosure (publication) of information about the activities of the courts in mass media;
3) posting of information about the activities of the courts in the Internet;
4) placement of information about the activities of the courts at the premises occupied by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary;
5) inspection, by information users, of information about the activities of the courts kept at the archives;
6) provision of information about the activities of the courts to information users upon their request;
7) broadcast of open court sessions in the Internet, in accordance with this Federal Law, other federal laws.


Article 7. Form of Provision of Information about the Activities of the Courts

1. Information about the activities of the courts may be provided orally and in the form of documented information, in particular in the form of an electronic document.

2. The form of provision of information about the activities of the courts is stipulated in the legislation of the Russian Federation establishing the manner of judicial procedure, the powers and manner of activities of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, in this Federal Law, other federal laws, and as regards the constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace – also in legislation of constituent entities of the Russian Federation. The form of provision of said information may be stipulated in the rules of the courts and (or) other acts regulating the issues of internal activities of the courts, in the acts of the Judicial Department, acts of bodies of the judiciary. If the form of provision of information about the activities of the courts is not stipulated, it may be determined by the request of the information user. If it is impossible to provide said information in the requested form, the information is provided in the form in which it is available at the court, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.

3. In verbal form, information about the activities of the courts is provided to citizens (natural persons), including the representatives of organizations (legal persons), public associations, public authorities and local self-government bodies during reception. Said information is also provided at the phone numbers of the corresponding structural units of the court staff, of the Judicial Department, bodies of the Judicial Department, staff of bodies of the judiciary (if any) or at the phone numbers of the authorized officials.

4. Information about the activities of the courts may be transmitted via public communication networks.


Article 8. Rights of Information Users

Information users have the rights:
1) to obtain reliable information about the activities of the courts;
2) not to substantiate the need for obtainment of requested information about the activities of the courts, if access to such information is not restricted;
3) to challenge, in the manner stipulated in law, the actions (failure to act) of officials violating the right to access to information about the activities of the courts and the established manner of its exercise;
4) to claim, in the manner stipulated in law, the restitution of damage caused by violation of the right to access to information about the activities of the courts.


 

Chapter 2. Organization of Access to Information about the Activities of the Courts and Basic Requirements in Ensuring Access to This Information


Article 9. Organization of Access to Information about the Activities of the Courts

1. The courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary ensure access to information about the activities of the courts within the scope of their powers. Where so stipulated in this Federal Law, other federal laws, access to information about the activities of the courts available at the bodies of the judiciary is ensured by the Judicial Department and bodies of the Judicial Department.

2. For the purpose of organizing access to information about the activities of the courts, the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary determine the corresponding structural units of their staff or the authorized officials. The rights and duties of said units and officials are stipulated, respectively, in the rules of the courts and (or) other acts regulating the issues of internal activities of the courts, in the acts of the Judicial Department, acts of bodies of the judiciary.

3. Access to information about the activities of the courts is organized with due regard to the requirements of this Federal Law, in the manner stipulated by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department, bodies of the judiciary within the scope of their powers, and as regards the constitutional (charter) courts of constituent entities of the Russian Federation – in the manner stipulated by the constituent entities of the Russian Federation.

 

Article 10. Organization of Access to Information about the Activities of the Courts Posted in the Internet

1. The courts, the Judicial Department, bodies of the Judicial Department use the Internet to post information about the activities of the courts, creating their official websites in that network, indicating the e-mail addresses to which requests may be sent. If a court does not have an official website and is unable to post information about its activities in the Internet, said information may be posted on the official website of the body of the Judicial Department in the constituent entity of the Russian Federation in which that court is located.

1.1. Measures aimed at forming the single information space of federal courts and justices of the peace are carried out by the Judicial Department and bodies of the Judicial Department.

2. The manner of creation of official websites, of posting information about the activities of the courts there, the time within which said information should be updated are stipulated, with due regard to the requirements of this Federal Law, by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department within the scope of their powers, and as regards the constitutional (charter) courts of constituent entities of the Russian Federation – in the manner stipulated by the constituent entities of the Russian Federation.

3. In order to ensure the right of the general public to access to the information specified in Part 1 of this Article, Internet access points may be created at locations accessible for the information users (at the premises of public authorities, local self-government bodies, state and municipal libraries, other publicly accessible locations).

4. In order to ensure the right of the information users to access to the information specified in Part 1 of this Article, the courts, the Judicial Department, bodies of the Judicial Department take measures aimed at its protection in accordance with the legislation of the Russian Federation.

5. Requirements to the hardware, software and linguistic means of ensuring the use of official websites are stipulated by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department within the scope of their powers. For justices of the peace, said requirements are stipulated by the Judicial Department, and for the constitutional (charter) courts of constituent entities of the Russian Federation – in the manner stipulated in legislation of the constituent entities of the Russian Federation.

 

Article 11. Basic Requirements in Ensuring Access to Information about the Activities of the Courts

The basic requirements in ensuring access to information about the activities of the courts are as follows:
1) reliability of provided information about the activities of the courts;
2) observance of the time limits and manner of provision of information about the activities of the courts;
3) withdrawal of restricted access data from the provided information about the activities of the courts;
4) creation of organizational-technical and other conditions necessary for exercising the right to access to information about the activities of the courts, as well as creation of state information systems;
5) taking the costs pertaining to ensuring access to information about the activities of the courts into account when planning the budget financing of the courts, the Judicial Department, bodies of the Judicial Department.


 

Chapter 3. Provision of Information about the Activities of the Courts

 

Article 12. Presence in Court Sessions

1. Citizens (natural persons), including representatives of organizations (legal persons), public associations, public authorities and local self-government bodies have the right to be present in an open court session, as well as to record the course of the trial in the manner and forms stipulated in the legislation of the Russian Federation.

2. The manner of access of persons referred to in Part 1 of this Article to the courtrooms and premises occupied by the courts is stipulated in the rules of the courts and (or) other acts regulating the issues of internal activities of the courts.

 

Article 13. Disclosure (Publication) of Information about the Activities of the Courts

1. Information about the activities of the courts is disclosed (published) in the mass media in accordance with the legislation of the Russian Federation on mass media, except where Part 2 of this Article applies.
2. If the legislation of the Russian Federation establishing the manner of judicial procedure, the powers and manner of activities of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, and as regards the constitutional (charter) courts of constituent entities of the Russian Federation – the legislation of constituent entities of the Russian Federation stipulates requirements to publication of judicial acts and other information about the activities of the courts, the judicial acts and said information are published in accordance with the legislation of the Russian Federation, legislation of constituent entities of the Russian Federation.


Article 14. Information about the Activities of the Courts Posted in the Internet

1. The following is posted in the Internet:

1) general information about the court:
a) name of the court; name of the judicial district, the territory of which is covered by the jurisdiction of the court; postal address; e-mail address (if any); phone number, at which reference information can be obtained;
b) organizational structure of the court – the court’s plenary session, the court’s presidium, the court’s divisions, judicial chambers, remote court offices, consultative and (or) deliberative bodies (if any), as well as structural units of the court staff;
c) the court’s powers;
d) list of laws regulating the activities of the court;
e) rules of the court, instruction on records management at the court and other acts regulating the issues of internal activities of the court;
f) family names, first names and patronymics of the court president, deputy court presidents, judges, head of the court staff and, subject to consent of these persons, other data about them; grounds for vesting the court president, deputy court presidents and judges with authority;
g) lists of information systems and databanks within the authority of the court (if any);
h) name of the mass medium established by the court (if any);

2) information pertaining to consideration of cases in the court:
a) requirements to the form and contents of documents used when applying to court and (or) specimen of these documents, the manner of submitting said documents to the court;
b) information about the amount and manner of payment of the state fee, by category of cases subject to consideration in the court;
c) information about the court’s cases: registration numbers of cases, their names or subject matter of dispute, information about the participants of proceedings, information about the progress of the cases within the court, as well as information regarding the adoption of judicial acts following the consideration of cases (appointed for hearing with indication of the date, time and place of the court session, considered, postponed, suspended, terminated, settlement agreement concluded, statement of claim left without consideration, and other options, with respect to the specifics of the corresponding judicial procedure). Information about the participants of proceedings is posted in the Internet with due regard to the requirements stipulated in Article 15 of this Federal Law;
d) texts of judicial acts posted with due regard to the requirements stipulated in Article 15 of this Federal Law, information about appeals against them and the results of such appealing; if the judicial acts were published – information about the publication sources;
e) the manner of appealing against judicial acts;
f) explanations, generalizations and reviews of the issues of judicial practice of court consideration of cases;
g) the manner of inspection of case materials by persons participating in the case;
h) phone numbers at which reference information can be obtained, in particular as regards the progress of the court’s cases;
i) information about non-procedural addresses received by the judges with regard to cases pending before them, or by the court president, her/his deputy, head of a panel of judges or chair of a judicial chamber with regard to cases pending before the court; such information includes the content of non-procedural addresses and information about their authors;
j) information about the Internet broadcast of court sessions, with reference to the name of the mass medium or link to the website via which the broadcast was performed;

3) texts of draft normative legal acts submitted by the courts to the legislative (representative) public authorities (as regards the courts that have the power of legislative initiative);

4) judicial statistics data provided in the volume determined by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department within the scope of their powers;

5) information about the court’s human resources:
a) the manner of vesting with judicial powers, requirements to candidates for the judicial office and the manner of their selection;
b) information about a vacant position of a judge, vacant state service positions within the court staff;
c) the manner in which citizens can become state servants within the court staff, qualification requirements to candidates applying for vacant state service positions within the court staff;
d) conditions of holding competitions for filling the vacant state service positions within the court staff and their results;
e) phone numbers at which one can obtain information regarding the filling of a vacant position of a judge, vacant state service positions within the court staff;
6) information about the manner and hours of reception of citizens (natural persons), including the representatives of organizations (legal persons), public associations, public authorities and local self-government bodies, the manner of consideration of their applications on issues of organization of the court’s activities, complaints against actions (failure to act) of the judges or court staff (other than those related to consideration of concrete cases, appeal against judicial acts and procedural actions of the judges), as well as a phone number, at which reference information can be obtained;

7) information about the procurement of goods, works, services for the needs of the courts in accordance with the legislation of the Russian Federation on the contract system in the sphere of procurement of goods, works, services for state and municipal needs.

1.1. Information regarding the human resources of the court staff, indicated in sub-Items “b” to “e” of Item 5 of Part 1 of this Article, is also posted on the official website of the federal state information system of the state service in the manner established by the Government of the Russian Federation[1].

2. The Constitutional Court of the Russian Federation, in addition to the information specified in Part 1 of this Article, posts on its official website the Address of the Constitutional Court of the Russian Federation to the Federal Assembly of the Russian Federation on the state of constitutional legality in the Russian Federation.

3. The Supreme Court of the Russian Federation, in addition to the information specified in Part 1 of this Article, posts on its official website the information about the judicial system of the Russian Federation.

4. The following is posted in the Internet by the Judicial Department:

1) general information about the Judicial Department:
a) the powers and structure of the Judicial Department, postal address, e-mail address, a phone number, at which reference information can be obtained;
b) list of normative legal acts regulating the activities of the Judicial Department;
c) list of bodies of the Judicial Department, their powers, as well as postal addresses, e-mail addresses, phone numbers of reference services of the bodies of the Judicial Department;
d) family names, first names and patronymics of the Director-General of the Judicial Department at the Supreme Court of the Russian Federation, deputy Directors-General of the Judicial Department at the Supreme Court of the Russian Federation, of heads of bodies of the Judicial Department and, subject to consent of these persons, other data about them;
e) federal targeted programmes and other programmes regarding the development of the judicial system of the Russian Federation (if any);
f) lists of information systems and databanks within the authority of the Judicial Department;

2) information about the bodies of the judiciary:
a) list of bodies of the judiciary acting in the Russian Federation and their powers;
b) list of normative legal acts regulating the activities of bodies of the judiciary;
c) decisions of the High Qualification Board of Judges of the Russian Federation on suspension, renewal or termination of the powers of judges of the corresponding courts, on qualification attestation of judges, as well as information about the imposition of disciplinary punishments upon them.

5. In addition to the information specified in Part 4 of this Article, the Judicial Department posts in the Internet:

1) annual reports of the Director-General of the Judicial Department at the Supreme Court of the Russian Federation regarding the activities of the Judicial Department, submitted to the Chief Justice of the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation and the All-Russia Congress of Judges;
2) reviews of activities of the courts, judicial statistics data published in mass media in accordance with the acts regulating the activities of the Judicial Department in keeping judicial statistics;
3) information about the procurement of goods, works, services for the needs of the courts in accordance with legislation of the Russian Federation on the contract system in the sphere of procurement of goods, works, services for state and municipal needs.

6. A body of the Judicial Department posts in the Internet:

1) general information about the body of the Judicial Department:
a) the name, powers and structure of the body of the Judicial Department, postal address, e-mail address, phone number of the reference service of the body of the Judicial Department;
b) list of normative legal acts regulating the activities of the body of the Judicial Department;
c) family names, first names and patronymics of the head of the body of the Judicial Department, deputy heads of the body of the Judicial Department and, subject to consent of these persons, other data about them;

2) information about the bodies of the judiciary acting in the corresponding constituent entity of the Russian Federation:
a) list of bodies of the judiciary and their powers;
b) list of normative legal acts regulating the activities of bodies of the judiciary;
c) decisions of the qualification board of judges of the corresponding constituent entity of the Russian Federation on suspension, renewal or termination of the powers of judges of the corresponding courts, on qualification attestation of judges, as well as information about the imposition of disciplinary punishments upon them.

7. Information stipulated in this Article must be posted in the Internet within the time allowing the information users to timely exercise and protect their rights and lawful interests.

 

Article 15. Specific Features of Posting the Texts of Judicial Acts in the Internet

1. Texts of judicial acts, except for criminal sentences and judicial acts of commercial courts, are posted in the Internet within a reasonable time, but no later than one month after their adoption in final form. Texts of sentences are posted no later than one month after they enter into force. Texts of judicial acts of commercial courts are posted in the Internet no later than on the day following the day of their adoption.

2. Texts of judicial acts subject to publication in accordance with the law, as well as the texts of other judicial acts adopted by the Constitutional Court of the Russian Federation, constitutional (charter) courts of constituent entities of the Russian Federation, the Supreme Court of the Russian Federation in cases considered in accordance with commercial procedure legislation, by commercial courts, except for the texts of judicial acts indicated in Part 6 of this Article, are posted in the Internet in full volume.

3. When texts of judicial acts adopted by the courts of general jurisdiction, by the Supreme Court of the Russian Federation (except for texts of judicial acts adopted by the Supreme Court of the Russian Federation in accordance with commercial procedure legislation) are posted in the Internet, personal data indicated in Part 4 of this Article are excluded from these acts in order to ensure the security of participants of proceedings and the protection of state secret and other secrets protected by law. Initial letters, pseudonyms and other signifiers, which do not allow to identify the participants of proceedings, are used instead of the excluded personal data. The following are not subject to exclusion: taxpayer identification number of an individual entrepreneur; an individual entrepreneur’s main state registration number; family names, first names and patronymics of the plaintiff, defendant, third person, civil plaintiff, civil defendant, administrative plaintiff, administrative defendant, interested person, of a person in whose regard proceedings in a case on an administrative offence are being conducted; family names, first names and patronymics of the convicted person, acquitted person, court session secretary, judge (judges) considering the case, as well as of the prosecutor, advocate and representative. When texts of judicial acts adopted by the Constitutional Court of the Russian Federation, constitutional (charter) courts of constituent entities of the Russian Federation are posted in the Internet, personal data indicated in Part 4 of this Article are excluded from them, except for the family names, first names and patronymics of the applicants, representatives of the parties, representatives of state bodies, experts and specialists invited to the court session. In exceptional situations, in order to ensure the security of the applicant and (or) of her/his representative, the Constitutional Court of the Russian Federation, a constitutional (charter) court of a constituent entity of the Russian Federation may decide, upon the motion of the applicant or her/his representative, or upon its own initiative, to exclude their personal data and to use initial letters, pseudonyms or other signifiers, which do not allow to identify the applicant and (or) her/his representative, instead of the excluded personal data.

4. For the purposes of judicial acts, personal data are:
1) family names, first names and patronymics of participants of proceedings, date and place of birth, place of residence or stay, phone numbers, passport details or the details of another identification document, taxpayer identification number of a natural person, an individual entrepreneur’s main state registration number, personal insurance policy number [SNILS];
2) information about the location of a land plot, building, construction, residential house, apartment, transport vehicle, other information about the property of participants of proceedings and their monetary funds deposited in banks or other credit organisations, if this information is related to the merits of the case.

5. Not subject to posting in the Internet are the texts of judicial acts adopted in cases:
1) affecting the security of the state;
2) arising from family law relations; in particular, in child adoption cases, other cases affecting the rights and lawful interests of underage persons;
3) regarding the crimes against sexual immunity and sexual freedom of a person;
4) regarding the legal impairment of a citizen or her/his acknowledgment as legally incapable;
5) regarding the compulsory hospitalization of a citizen into a psychiatric facility and compulsory psychiatric examination;
6) on corrections or amendments into a civil status record;
7) on establishment of legally significant facts, considered by the courts of general jurisdiction;
8) resolved in the manner stipulated in Article 126 of the Civil Procedure Code of the Russian Federation, Article 123.5 of the Code of Administrative Judicial Procedure of the Russian Federation[2].

6. When texts of judicial acts stipulating provisions that contain data comprising state secret or other secret protected by law are posted in the Internet, these provisions are excluded from the texts of judicial acts.

7. The manner of posting of judicial acts in the Internet, as well as the storage time of judicial acts in the court’s information system are determined by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department within the scope of their powers.

 

Article 15.1. Special Features of Radio, Television and Internet Broadcast of Court Sessions

1. The radio, television and Internet broadcast of an open court session is allowed with permission of the court in accordance with procedural legislation of the Russian Federation. The radio, television and Internet broadcast of an open court session of the Constitutional Court of the Russian Federation is allowed in accordance with Federal Constitutional Law No. 1 of 21 July 1994 “On the Constitutional Court of the Russian Federation”.

2. The court determines whether it is allowed to broadcast a court session, taking into account the interests of justice, the ensuring of security for the participants of the judicial procedure, the prevention of divulgence of information acknowledged, in the manner stipulated in federal law, as data that constitutes a state secret or other secret protected by law.

3. Live court session broadcasts, delayed court session broadcasts and partial court session broadcasts may take place via radio, television and over the Internet.

4. The manner of organizing and conducting radio, television and Internet court session broadcasts in a court is established by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department.

5. Court sessions related to consideration of cases indicated in Part 5 of Article 15 of this Federal Law, as well as court sessions held in camera are not subject to radio, television and Internet broadcast.


Article 16. Placement of Information about the Activities of the Courts at Premises Occupied by the Courts, the Judicial Department, Bodies of the Judicial Department, Bodies of the Judiciary

1. Information boards and (or) similar technical facilities are placed in visitor areas at the premises occupied by the courts in order to allow information users to inspect current information about the activities of the corresponding court. Such information must include:
1) the rules of procedure of the court, in particular the manner of receipt of citizens (natural persons), including the representatives of organizations (legal persons), public associations, public authorities and local self-government bodies, visiting with regard to issues of case consideration at the court and other issues pertaining to the activities of the court;
2) information about the date, time, place and subject matter of court sessions in cases appointed for hearing;
3) the manner of presence in the court session and measures taken against the persons violating it, the manner of provision of access to the courtrooms and the premises occupied by the courts;
4) conditions and manner of obtaining information about the activities of the court;
5) other data necessary for promptly informing the information users.

2. Information boards and (or) similar technical facilities are placed in visitor areas at the premises occupied by the Judicial Department, bodies of the Judicial Department, bodies of the judiciary in order to allow information users to inspect the data regarding the conditions and manner of obtaining information about the activities of the courts, as well as other data necessary for promptly informing the information users.


Article 17. Inspection of Information about the Activities of the Courts Kept at the Archives

Information users inspect information about the activities of the courts, kept at the archives, in the manner stipulated in the legislation of the Russian Federation on archive-keeping and other normative legal acts adopted in accordance with it, and as regards inspection of information about the activities of constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace – also in the manner stipulated in the legislation of constituent entities of the Russian Federation and other normative legal acts of constituent entities of the Russian Federation adopted in accordance with it.

 

Article 18. Request for Information about the Activities of the Courts

1. An information user has the right to apply to a court, to the Judicial Department, bodies of the Judicial Department, bodies of the judiciary with a request which may be sent directly by the user or by the user’s representative, whose powers are issued in the manner stipulated in the legislation of the Russian Federation.

2. The request should indicate a postal address, phone and (or) fax number, or an e-mail address, so that a response to the request can be sent or the content of the request may be clarified; the request should also indicate the family name, first name and patronymic of the citizen (natural person) or the name of the organization (legal person), public association, public authority, local self-government body requesting information about the activities of the courts. Anonymous requests are not considered. A written request should also indicate the name of the corresponding court, the Judicial Department, the name of the corresponding body of the Judicial Department or of a body of the judiciary to which the request is sent, or the family name and initials or the position of the corresponding official.

3. The request is registered at the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary in the manner and within the time stipulated in the acts regulating the issues of records management at, respectively, the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.

4. The request is subject to consideration within thirty days from the date of its registration, unless otherwise stipulated in the legislation of the Russian Federation. If the requested information cannot be provided within the stipulated time, the information user is notified about a delay in response to the request within seven days from the date of registration of the request. The notification indicates the reason for the delay and the time for provision of requested information, which cannot exceed fifteen days on top of the time for response to a request stipulated in this Federal Law.

5. If the request is not related to the activities of the court, the Judicial Department, body of the Judicial Department or body of the judiciary to which it was sent, the information user that sent the request is notified accordingly within seven days from the date of registration of the request. The possibility of forwarding the request is stipulated in the acts regulating the issues of records management at, respectively, the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.

6. The courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary have the right to clarify the content of the request in order to provide the information user with the necessary information about the activities of the courts.

7. The requirements of this Federal Law to written requests and responses thereto apply to requests received by the court, the Judicial Department, body of the Judicial Department via the Internet and to responses to such requests.

 

Article 19. Manner of Provision of Information about the Activities of the Courts upon Request

1. A response to a request must contain the requested information or a motivated refusal to provide such information. The name, postal address of the court, the Judicial Department, body of the Judicial Department, body of the judiciary, the position of the official signing the response, as well as the response details (registration number and date) are indicated in the request response. A response to a request submitted in electronic form may be sent in electronic form, in particular in the form of an electronic document signed by an e-signature of an official authorized to sign such documents on paper in accordance with the legislation of the Russian Federation, unless a different manner for receipt of the response is indicated in the request.

2. If a request concerns information about the activities of the court published in mass media or posted in the Internet, the request response of the court, the Judicial Department, body of the Judicial Department, body of the judiciary may be restricted to stating the name, date and number of the mass media in which the requested information was published and (or) the electronic address of the official website on which the requested information is posted.

3. If the requested information about the activities of the courts belongs to restricted access information, the request response indicates the type, title, number and date of the act in accordance with which access to that information was restricted. If part of the requested information belongs to restricted access information, and the rest of the information is public, the requested information is provided safe for the restricted access information.

4. Request responses are subject to mandatory registration at the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.

5. Information about the activities of the courts is provided free of charge, unless otherwise stipulated in the legislation of the Russian Federation.

 

Article 20. Grounds Excluding the Possibility of Provision of Information about the Activities of the Courts

1. Information about the activities of the courts is not provided, if:
1) the content of the request does not allow to determine the requested information about the activities of the courts;
2) the request does not include a postal address, e-mail address or fax number for sending the response or a phone number for contacting the information user that sent the request;
3) the requested information is not related to the activities of the court, the Judicial Department, body of the Judicial Department, body of the judiciary that received the request;
4) the requested information belongs to restricted access information;
5) the requested information constitutes interference in the administration of justice;
6) the provision of requested information does not allow to ensure the security of the trial participants;
7) the requested information has been previously provided to the information user;
8) the request raises a question regarding the interpretation of a law norm, clarification of its application or legal evaluation of judicial acts, the elaboration of a legal standing with regard to the request, analysis of judicial practice or performance of other analytical work with regard to the request, which is not directly related to the protection of rights of the information user that sent the request.

2. The courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary have the right not to provide information about the activities of the courts upon request, if this information has been published in mass media or posted on the official websites of the courts, the Judicial Department, bodies of the Judicial Department.


 

Chapter 4. Interaction of the Courts, the Judicial Department, Bodies of the Judicial Department, Bodies of the Judiciary with the Editorial Boards of Mass Media

 

Article 21. Purposes and Forms of Interaction of the Courts, the Judicial Department, Bodies of the Judicial Department, Bodies of the Judiciary with the Editorial Boards of Mass Media

1. The courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary interact with the editorial boards of mass media for the purposes of informing the information users about the activities of the courts in an objective, reliable and prompt manner.

2. Interaction of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary with the editorial boards of mass media may entail:
1) free access of representatives of the editorial boards of mass media to court premises, where information about the activities of the courts is located, as well as their presence in open court sessions;
2) presence of representatives of the editorial boards of mass media at the sessions of bodies of judiciary in the manner stipulated in the acts regulating the activities of said bodies;
3) provision of information about the activities of the courts at the request of the editorial boards of mass media;
4) media coverage of activities of the courts, in particular of issues of improvement of legislation regulating said activities;
5) participation of representatives of the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary in press conferences and other events held jointly with the representatives of the editorial boards of mass media;
6) accreditation of representatives of the editorial boards of mass media at the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary;
7) other forms of interaction ensuring that information users are informed about the activities of the courts.

 

Article 22. Official Representatives of the Courts, the Judicial Department, Bodies of the Judicial Department, Bodies of the Judiciary

1. The official representative of the court engaging in interaction with the editorial boards of mass media is the court president or an official authorized by the court president.

2. The official representatives of the Judicial Department, bodies of the Judicial Department engaging in interaction with the editorial boards of mass media are, accordingly, the Director-General of the Judicial Department at the Supreme Court of the Russian Federation, heads of bodies of the Judicial Department or officials authorized, respectively, by the Director-General of the Judicial Department at the Supreme Court of the Russian Federation, by the heads of bodies of the Judicial Department.

3. For the purposes of organising interaction with the editorial boards of mass media, the courts (except for district courts, garrison military courts, justices of the peace), the Judicial Department, bodies of the Judicial Department may determine the corresponding structural units within their staff. The rights and duties of such units in engaging in said interaction are stipulated, respectively, by the rules of the courts and (or) other acts regulating the issues of internal activities of the courts, by acts of the Judicial Department.

4. The official representatives of bodies of the judiciary engaging in interaction with the editorial boards of mass media are members of the corresponding bodies of the judiciary, authorized to engage in such interaction by federal laws regulating the activities of bodies of the judiciary and (or) by acts of bodies of the judiciary.

 

Article 23. Resolution of Disputes Pertaining to Mass Media Coverage of Activities of the Courts

Disputes pertaining to mass media coverage of activities of the courts are resolved by the court in the manner stipulated in the law. Disputes pertaining to mass media coverage of activities of the courts may also be resolved out of court, by the bodies or organisations competent to consider information disputes.


 

Chapter 5. Protection of the Right to Access to Information about the Activities of the Courts, Control over Ensuring Access to Information about the Activities of the Courts

 

Article 24. Protection of the Right to Access to Information about the Activities of the Courts

Decisions and actions (failure to act) of officials violating the right to access to information about the activities of the courts may be appealed against in the manner stipulated in legislation of the Russian Federation.

 

Article 25. Control over Ensuring Access to Information about the Activities of the Courts

1. Control over ensuring access to information about the activities of the courts is exercised, within the scope of their powers, by the court presidents, the Director-General of the Judicial Department at the Supreme Court of the Russian Federation, the heads of bodies of the Judicial Department and the members of bodies of the judiciary authorized to exercise said control.

2. The manner of exercising control over the ensuring of access to information about the activities of the courts is stipulated in the rules of the courts and (or) other acts regulating the issues of internal activities of the courts, in acts of the Judicial Department, acts of bodies of the judiciary.


 

Chapter 6. Closing Provisions


Article 26. Entry of This Federal Law into Force

This Federal Law enters into force from 1 July 2010.


 

President of the Russian Federation
D. MEDVEDEV

Moscow, the Kremlin
22 December 2008

Federal Law No. 262



[1] Translator's note: As of the time of translation, the website address is https://gossluzhba.gov.ru/.

[2] Translator’s note: These are cases resolved in court order proceedings.

Official site of the
Supreme Court of the Russian Federation


Law on Ensuring Access to Information about the Activities of Courts — Supreme Court of the Russian Federation
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