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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.
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