O Registo Estadual Unificado de Decisões Judiciais: regulamentação jurídica do funcionamento na Ucrânia e experiência de registos semelhantes
DOI:
https://doi.org/10.18256/2238-0604.2023.v19i3.4977Keywords:
register, court decision, Unified State Register of Court Decisions, access to court decisions, personal dataAbstract
The purpose of the article is to develop proposals for improving the functioning of the Unified State Register of Court Decisions on the basis of a study of the legal regulation of the work of this register under the legislation of Ukraine and a review of the operation of similar registers of foreign countries. Research methods are: analysis, synthesis, induction, deduction, comparative legal and hermeneutic methods. The legal regulation of the functioning of the Unified State Register of Court Decisions under the legislation of Ukraine is considered. The role of this register in ensuring the transparency of the functioning of the judiciary in Ukraine is characterized, in particular, the presence in it of court decisions of courts of general jurisdiction. The functioning of the registers of court decisions of foreign countries is considered. It is proven that there is a problem of protecting personal data contained in the texts of court decisions located in the Unified State Register of Court Decisions, which are freely accessible. The expediency of the operation of the Unified State Register of Court Decisions is substantiated not as an independent database, but as a subsystem of the Unified Judicial Information and Telecommunication System. Amendments to the legislation defining the procedure for the functioning of this register are proposed.
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AMUR-NIZHNIODNIPROVSKYI DISTRICT COURT OF DNEPROPETROVSK. Process 199/11234/23; February 21, 2024. Recovered from https://reyestr.court.gov.ua/Review/117188919.
ARSIRYI, R.O. Principles of information and legal support for the activities of administrative courts in Ukraine. Scientific Journal of Public and Private Law. Collection of scientific works., Edition 4, v. 2, p. 3-7, 2019. (In Ukrainian).
BLINOVA, G.O. Administrative and legal principles of information support of public administration bodies in Ukraine: current issues of theory and practice. Dissertation for the degree of Doctor of Law. Specialization 12.00.07 – administrative law and process; financial law; information law. Zaporizhzhya National University. Zaporizhzhya. 545 p., 2019. (In Ukrainian).
BORYSLAVSKA, M.V. Unified State Register of Court Decisions as a source of scientific and educational information. In: International scientific conference “Information technologies and management in higher education and sciences” : conference proceedings (November 28, 2022. Fergana, the Republic of Uzbekistan). Part 1. Riga, Latvia : Baltija Publishing, p. 121-124, 2022. (In Ukrainian).
BORYSPIL CITY DISTRICT COURT OF KYIV REGION. Process 359/1654/18; March 21, 2018. Recovered from https://reyestr.court.gov.ua/Review/73044907.
BURTNYK, Kh. & KHYMCHUK, A. Why do court decisions disappear and are classified? Democracy. Justice. Reforms., August 2021. Recovered from https://dejure.foundation/chomu-znykayut-sudovi-rishennia. (In Ukrainian).
UKRAINE. Civil Procedural Code of Ukraine. Law 1618-IV of March 18, 2004. Recovered from https://zakon.rada.gov.ua/laws/show/1618-15#Text.
UKRAINE. Code of Administrative Justice of Ukraine. Law 2747-IV of July 6, 2005. Recovered from https://zakon.rada.gov.ua/laws/show/2747-15#Text.
HIGH COUNCIL OF JUSTICE. Decision 1200/0/15-18 of 2018. By which the procedure for Maintaining the Unified State Register of Court Decisions are approved. April 19, 2018. Recovered from https://zakon.rada.gov.ua/rada/show/v1200910-18#Text.
DEMCHENKO, S.F. Problems of creation and functioning of commercial model courts: informational and technological components. Legal Informatics, v. 2, n. 26, p. 23-28, 2010. (In Ukrainian).
HIGH COUNCIL OF JUSTICE. Process 147/0/15-21; January 28, 2021. Recovered from https://hcj.gov.ua/doc/doc/4978.
HIGH COUNCIL OF JUSTICE. SECOND DISCIPLINARY CHAMBER OF THE HIGH COUNCIL OF JUSTICE. Process 2608/2дп/15-20; September 14, 2020. Recovered from https://hcj.gov.ua/doc/doc/3054.
HORODOVENKO, V.V. Actual problems of ensuring the openness of the judiciary. Bulletin of the Supreme Court of Ukraine, v. 12, n. 136, p. 22-27, 2011. (In Ukrainian).
JUDICIAL AUTHORITY OF UKRAINE WEBSITE. Rules for working with the Unified State Register of Court Decisions – reminder from State Enterprise “Information Court Systems” Electronic Court. February 14, 2024. Recovered from https://court.gov.ua/press/news/1556458/.
KRASNOGVARDYISKYI DISTRICT COURT OF DNIPROPETROVSK. Process 204/902/23; January 30, 2023. Recovered from https://reyestr.court.gov.ua/Review/108667216.
KRAVCHENKO, S. Judges should realize that the times of closed and corporativeness of the judicial system are long gone. Legal Newspaper Online, n. 9-10 (767-768), August 31, 2023. Recovered from https://yur-gazeta.com/interview/suddi-mayut-usvidomiti-shcho-chasi-zakritosti-ta-korporativnosti-sudovoyi-sistemi-davno-minuli.html. (In Ukrainian).
UKRAINE. Law of Ukraine 1402-VIII of 2016. On Judiciary and Status of Judges. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, July 29, 2016. Recovered from https://zakon.rada.gov.ua/laws/show/1402-19#Text.
UKRAINE. Law of Ukraine 254k/96-VR of 1996. Constitution of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, July 27, 1996. Recovered from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text.
UKRAINE. Law of Ukraine 3262-IV of 2005. On Access to Court Decisions. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, April 14, 2006. Recovered from https://zakon.rada.gov.ua/laws/show/3262-15#Text.
MOSKVYCH, L.V. Legal tools to increase the authority of the court. ScienceRise: Juridical Science, v. 1, n. 3, p. 17-24, 2018. (In Ukrainian).
MOZOLEVSKA, O.M. Regulation of information relations with the participation of judicial authorities in foreign countries. Information Security of Man, Society, State, v. 3, p. 85-91, 2012. (In Ukrainian).
NASRIDINOV, R. Practical aspects of data processing of the Unified Register of Court Decisions. Ukrainian center for social data, 2018. Recovered from https://socialdata.org.ua/praktichni-aspekti-obrobki-danikh-iedin/. (In Ukrainian).
OVSIANNIKOVA, O.O. Transparency of the judiciary. Dissertation abstract for the degree of candidate of law science. Specialization 12.00.10 – judicial system; prosecution and advocacy. National Juridical Academy Named for Yaroslav Mudriy, Kharkiv, 22 p., 2009. (In Ukrainian).
PRYVALIKHINA, A.I. Legal basis for introduction of informatization of court activities. Scientific Bulletin of the International Humanitarian University. Set: Jurisprudence, v. 47, n. 1, p. 153-157, 2020. (In Ukrainian).
EUROPEAN ASSOCIATION OF JUDGES. Resolution of 2007. About the situation in Ukraine regarding the issue of the disciplinary liability of judges. September, 27, 2007. Trondheim. Recovered from https://vkksu.gov.ua/page/perelik-dokumentiv-rady-yevropy-u-sferi-sudochynstva.
SABODASH, R.B. The impact of the publication of court decisions on the formation of a “convincing precedent. Journal of Kyiv University of Law, v. 4, p. 195-199, 2019. (In Ukrainian).
SERDIYK, L.R. Organizational and legal basis for the introduction of electronic justice in Ukraine. Dissertation for the degree of candidate of legal sciences. Specialization 12.00.10 – judicial system; prosecution and advocacy. Private Higher Educational Institution “Lviv University of Business and Law”. Lviv. 245 p., 2017. (In Ukrainian).
STATE ENTERPRISE “INFORMATION COURT SYSTEMS”. The answer from February 28, 2024, to the request from Nataliia Sergiienko. [File PDF]. Recovered from https://dostup.org.ua/request/124027/response/397904/attach/3/28.02.2024%201140%207%2009%2030%2024.pdf?cookie_passthrough=1.
TEREMETSKYI, V., BOIKO, V., MALYSHEV, O., SELEZNOVA, O., KELBIA, S. Electronic Judiciary in Ukraine: Problems of Implementation and Possible Solutions. Amazonia Investiga, v. 12, n. 68, p. 33-42, 2023. Recovered from https://doi.org/10.34069/AI/
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