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Judges will themselves determine which rulings to hide from the public

22.10.2011   
As feared, parliament has undermined a vital mechanism for ensuring public monitoring of court rulings by allowing judges to themselves determine which court rulings will be entered in the “Single Register of Court Rulings”

On 20 October 2011 the Verkhovna Rada adopted the Law on Amendments to some legislative acts regarding review of cases by the Supreme Court. They also, however, sneaked in a norm which has no relation to the Supreme Court.  This refers to amendments to the Law on Access to Court Rulings according to which not all court rulings will be entered in the Single Register of Court Rulings, but only those which the Council of Judges, agreeing them with the State Judicial Administration, deems necessary.

The Single Register of Court Rulings is an Internet database of all court rulings on open access. It was created on the initiative of civic organizations against the position of many dishonest judges who were afraid of court rulings which widely available. Now, if the President signs the law, judges themselves will “filter” court rulings without taking the opinion of society into account,   although the register was created in their interest.

Under such conditions the register will cease to fulfil its purpose, that being a means of public control over the judiciary.

Roman Kuybida

Centre for Political Legal Reform

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