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Publication date: 27.05.2024
Amendments to the Law of Ukraine "On Access to Court Decisions" regarding prevention of disclosure of pre-trial investigation information
Introduction
In the modern conditions of the development of the information society, it is important to ensure a balance between the transparency of judicial proceedings and the protection of confidential information, especially that related to pre-trial investigation. The Law of Ukraine "On Access to Court Decisions" plays a key role in ensuring the openness of the judicial system, but at the same time needs improvement to prevent the disclosure of information that may harm the rights and interests of participants in criminal proceedings.
Analysis of current legislation
The Law of Ukraine "On Access to Court Decisions" provides citizens with the right to receive information about court activities, including access to court decisions. At the same time, this law has certain gaps in the protection of pretrial investigation information that may be disclosed through the publication of court decisions.
Article 2. General principles of access to court decisions
The current version of Article 2 of the Law of Ukraine "On Access to Court Decisions" establishes that access to court decisions is free, except for cases provided for by law. However, this norm does not take into account all the risks associated with the disclosure of pre-trial investigation information.
The need to make changes
Problems of disclosure of information
Disclosure of pre-trial investigation information may lead to a violation of the rights of trial participants, affect the course of the investigation, and endanger the lives and health of witnesses, victims, and other persons. In particular, this applies to information that can identify participants in a pre-trial investigation or reveal details of private life.
International experience
In many countries around the world, there are stricter restrictions on access to court decisions that contain pre-trial investigation information. For example, the United States, the United Kingdom, and European Union countries have special measures in place to protect confidential information that may prejudice justice or the rights of litigants.
Suggestions for changes
Expanding the list of restrictions
It is proposed to amend Article 2 of the Law of Ukraine "On Access to Court Decisions", supplementing it with a clause prohibiting the publication of court decisions containing information on pre-trial investigations, except for cases when it is necessary to administer justice or protect the rights and freedoms of citizens.
Establishing clear criteria
It is necessary to develop clear criteria for determining which information of the pre-trial investigation should be protected from disclosure. This will help avoid abuses by law enforcement agencies and ensure a balance between the openness of the judiciary and the protection of confidential information. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Strengthening responsibility
The introduction of administrative and criminal liability for the illegal disclosure of pre-trial investigation information is an important step to ensure the implementation of the new law. This will increase the level of protection of the rights of participants in the criminal process.
Conclusion
Amending the Law of Ukraine "On Access to Court Decisions" in order to prevent the disclosure of pre-trial investigation information is a step in the direction of ensuring a balance between judicial transparency and the protection of confidential information. These proposals are aimed at establishing strict criteria, which will allow determining which information should be protected from disclosure, and at strengthening responsibility for illegal disclosure of this information.
These changes will not only help to avoid possible violations of the rights of participants in the criminal process and affect the course of the investigation, but will also ensure a high level of protection of confidential information. Such a measure is important for maintaining trust in the judicial system and ensuring legal protection of citizens.
