RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 8, 2012 No. 61

About ensuring publicity in arbitral procedure

For the purpose of ensuring uniformity in interpretation and application of provisions of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) about publicity of legal proceedings the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. According to provisions of part 1 of article 123 of the Constitution of the Russian Federation, part of 1 Article of 11 AIC of the Russian Federation trial of cases in Arbitration Courts open.

Any citizen, including the representative of mass media has the right to be present at proceeding in open court.

At the same time Arbitration Courts should consider that in the absence of the bases for implementation of trial of case in the closed judicial session the Arbitration Court has no right to refuse the admission in judicial session by the person interested to be present at it to citizens, including because of the insufficient capacity of courtroom. In these cases in court access of such persons to the course of legal proceedings, for example, by means of broadcast of judicial session can be organized.

Presence at judicial session of public the judge - the chairman in judicial session - declares in judicial session.

Citizens, including representatives of the mass media having the right to be present at preliminary judicial session, and also to have at the same time the rights provided by part 7 of article 11 of the Code in the absence of the bases for implementation of trial of case in the closed judicial session (part 2 Articles of 11 AIC of the Russian Federation).

2. Owing to part 7 of Article of 11 AIC of the Russian Federation of person, present at proceeding in open court, have the right to do notes on the course of judicial session that assumes also possibility of implementation of publications by them in the text mode about the course of judicial session on social networks and in electronic mass media with use of own technical means. Such publications are made without special permission of the judge - the chairman in judicial session.

Implementation by persons of sound recording which are present at judicial session, film, photographings, videos, and also broadcasts of judicial session per radio, television and on the Internet

3. In case of application of part 7 of Article of 11 AIC of the Russian Federation providing the right of persons which are present at proceeding in open court to fix the course of judicial session by sound recording, courts should recognize that the appropriate right is exercised by such persons without special permission of the judge - the chairman in judicial session.

At the same time persons which are present at the judicial session having the right not to notify the judge - the chairman in judicial session, - participants of arbitral procedure about use of sound recording devices by them.

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