Russian Federation

[RU] Resolution of the Supreme Commercial Court on Transparency of Justice

IRIS 2013-1:1/34

Andrei Richter

Comenius University (Bratislava)

On 8 October 2012, Высший Арбитражный суд Российской Федерации (The Supreme Commercial Court of the Russian Federation) adopted at its plenary session Resolution “Об обеспечении гласности в арбитражном процессе” (On Provisions of Glasnost in Commercial Court Procedure).

The Resolution instructs the judges (about 4,000 in total) of such courts that text reporting from the court sessions via social media and Internet with the use of personal technical means is allowed without any special permission or notification of the presiding judge or sides of the parties in the proceedings.

The Supreme Commercial Court establishes a presumption of the permissibility of photo, video or film recording of the open court proceedings, as well as their live transmissions by means of radio, TV or Internet. A ban on such recordings is allowed only to protect fundamental human rights.

In case of recording and/or live TV and webcasting no permission of those present in the courtroom to use their images is necessary. Such recordings may be used as proof of possible procedural violations in the case.

The Resolution also instructs the judges that they may not stop citizens from being present in the courtroom during open hearings if the there are no available seats. In cases when no courtroom can seat all those wishing to attend, a live broadcast of the session may be arranged.