LAW OF UKRAINE

of December 22, 2005 No. 3262-IV

About access to judgments

This Law determines procedure for access to judgments for the purpose of ensuring openness of activity of the courts of the general jurisdiction, prognozirovannost of judgments and assistance to identical application of the legislation.

Article 1. Subject of regulation of the Law

1. This Law governs the relations concerning ensuring access to judgments (decisions, writs, resolutions, sentences, determinations) accepted by courts of law and maintaining the Unified state register of judgments.

Article 2. Openness of judgments

1. The judgment is proclaimed publicly, except cases when consideration of the case was conducted in the closed judicial session. Everyone has the right to access to judgments according to the procedure, determined by this Law.

2. Judgments are open and are subject to promulgation electronically no later than the next day after their production and signing, except resolutions on seizure of property and temporary access to things and documents on criminal proceedings, resolutions of economic court on provision of permission to bodies of the Antimonopoly Committee of Ukraine on conducting check of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control and/or making of legal proceedings, stipulated by the legislation about protection of the economic competition, in the form of the carrying out survey, seizure, sealing (sealing), withdrawal which are subject to promulgation not earlier than day of their appeal to execution. Judgments can be also published in printing editions with observance of requirements of this Law.

If legal proceedings happened in the closed judicial session, the judgment is published with exception of information which by a court decision on consideration of the case in the closed judicial session is subject to protection against disclosure. In the cases determined by the law the judgment on provision of permission to the holding prospecting action or on refusal in provision of such permission which is taken out in the closed judicial session is not announced and not published.

Article 3. Unified state register of judgments

1. For access to judgments of courts of law the Public judicial administration of Ukraine provides maintaining the Unified state register of judgments.

2. The unified state register of judgments (further - the Register) - the automated system of collection, storage, protection, accounting, search and provision of electronic copies of judgments.

The unified state register of judgments functions within Single judicial information and telecommunication system.

3. The court of law enters in the register all judgments and special opinions of judges stated in writing no later than the next day after their adoption or production of the complete text.

Access to separate opinions of judges through the Register is provided in the same order, as to the judgment according to which are stated special opinion.

4. The procedure for maintaining the Register is determined by Regulations on Single judicial information and telecommunication system.

5. The public judicial administration of Ukraine provides electronic submission and in amounts of the data specified in Item 19 parts one of Article 7 and Item 9 parts three of article 14 of the Law of Ukraine "About the Unified state register of recruits, persons liable for call-up and reservists", the data necessary for ensuring conducting military accounting of recruits, persons liable for call-up and reservists.

Article 4. Access to the Register

1. The judgments entered in the Register are open for bezoplatny round-the-clock access on the official web portal of judicial authority of Ukraine.

2. General access to judgments on the official web portal of judicial authority of Ukraine is provided with observance of requirements of article 7 of this Law.

3. For realization of right of access to the judgments entered in the Register, the user is given opportunities of search, review, copying and printing of judgments or their parts.

4. Restrictions of the right of free use of the official web portal of judicial authority of Ukraine it is allowed so as far as it is necessary for information security which by a court decision on consideration of the case in the closed judicial session is subject to protection against disclosure.

General access to resolutions on permission to search of housing or other ownership of person, about refusal in satisfaction of the petition for search of housing or other ownership of person, about permission to carrying out secret investigative (search) action, about refusal in satisfaction of the petition for carrying out secret investigative (search) action, resolutions of economic court on provision of permission is provided to bodies of the Antimonopoly Committee of Ukraine on conducting check of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control and/or making of legal proceedings, stipulated by the legislation about protection of the economic competition, in the form of carrying out survey, seizure, sealing (sealing), withdrawal in one year after entering of such resolutions into the register.

5. Judges have the right to full access to all information resources of the Register, including to information, certain article 7 of this Law. Access for judges to the state secret which contains in judgments is provided according to the Law of Ukraine "About the state secret".

6. The right to full access to information resources of the Register is had official or the officials determined by Regulations on Single judicial information and telecommunication system.

7. Physical persons and legal entities, the state and other bodies have the right to full access to the judgments in the Register made on cases in which they participated as participants of case.

Article 5. Official publication of judgments

1. The judgments entered in the Register can be published in printing editions officially.

2. Judgments are considered officially published on condition of the certificate by the body providing maintaining the Register, compliance of judgments to originals or electronic copies of the judgments entered in the Register.

3. Judgments can be published officially in the reduced amount if it is justified by the edition purpose.

4. Official publication of judgments shall meet the requirements, stipulated in Clause the 7th this Law.

Article 6. Reproduction and other use of judgments

1. Everyone has the right fully or partially to reproduce judgments which are announced by court publicly, in any manner, including through promulgation in printing editions, in media, creation of electronic databases of judgments.

2. Any text revision of the judgment shall not distort its content.

3. The court when implementing legal proceedings can use only the text of the judgment published officially or entered in the Register.

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