<<
>>

3.1. Maintenance of an openness and "transparency" of activity of regional vessels as the supplementary measure on corruption preventive maintenance.

In modern conditions the openness and a transparency of activity of regional court have great value in a question of preventive maintenance of corruption. So, in the decision of Plenum of the Supreme Court of the Russian Federation it is noticed, that the openness and publicity of legal proceedings, the timely, qualified, objective informing of a society on activity of vessels of the general jurisdiction promote increase of level of legal awareness on the judicial organisation and legal proceedings, are a guarantee of fair proceeding, and also provide public control over judicial authority functioning. Open proceeding is one of means of maintenance of trust of a society to court [231].

Absence of the developed system of an information openness of justice deprives of citizens of possibility effectively to carry out the constitutional laws and freedom, raises probability of removal of wrongful judgements, including removal of such decisions by judges from mercenary or other partiality or under the request and in illegal interests of other persons, and also occurrence of other corruption displays in court activity. Therefore to priority directions of judicial business according to a principle of publicity and availability maintenance disposal of legal proceeding concerns the information on activity of court [232]. All it means increase of an information transparency of the judiciary.

B.V.Sangadzhiev specifies, that realisation of a principle of a transparency of activity of vessels should be spent by means of various actions:

The organisations of an easy approach to information resources of the judiciary;

Introductions of scientific and technical means in judicial business and increases of level of material equipment of vessels;

The account of a position of citizens, the organisations, institutes of a civil society about work of the judiciary based on constant supervision and an estimation of quality of activity of vessels [233].

The information openness of regional vessels assumes such organisation of their activity at which to citizens, their associations, commercial structures, other state and municipal bodies possibility to receive the necessary and sufficient information on their activity, accepted decisions and other socially significant information is provided at observance of the restrictions established by the federal legislation.

Since July, 1st, 2010 the Federal act from 22.12.2008 № 262-FZ «About providing of access to the information on activity of vessels in the Russian Federation» (further - the Federal act № 262-FZ) has become effective,

Established as process of the organisation of access to data on judiciary work, and key rules of the organisation of access to the specified data. In the given Law definition of the information on activity of vessels is resulted, main principles are named, ways of providing of access to the information are specified, the form of granting of such information is established, and also the rights of users of the information are accurately defined.

The legislator, defining the information on activity of vessels, designates its internal structure and a circle of persons, participating in preparation and granting of the specified information. At this N.N.Kovaleva and O.N.Arestova fairly notice, that the subject structure of participants is supposed more vast, first of all, at the expense of inclusion in it of mass media which provide acquaintance with the specified information of a wide range of persons [234].

The law fixes various ways for providing of access to the information on activity of vessels: 1) presence of citizens, including representatives of the organisations, authorities and local government, in open session of the court; 2) publication of the information on activity of vessels in mass media; 3) placing of the information on activity of vessels in a network "Internet"; 4) placing of the information on activity of vessels in premises occupied with vessels; 5) acquaintance of users with the information on the activity of vessels which is in archival funds; 6) granting to users by their inquiry of the information on activity of vessels [235].

It is necessary to recognise presence of citizens, representatives of the organisations in open sessions of the court as one of the most significant ways of the organisation of access to the information. The specified way is caused by application ch. 1 items 123 of the Constitution of the Russian Federation providing open consideration and the permission of affairs in all vessels.

Thereupon it is necessary to notice, that statutory positions about an openness of activity of the judiciary are not executed from time to time. In particular, there are cases when the management of court does not suppose the persons having intention to be present on proceeding, in courtroom under various pretexts: absence of empty seats etc. is necessary for carrying out Settlement of the specified situations in favour of providing of access to the information. So, Plenum of the Supreme Court of the Russian Federation has specified, that carrying out of open sessions of the court in the premises excluding possibility of presence at them of persons, not being participants of process, representatives of editions of mass media (journalists) [236] is not supposed.

Under the general rule trial in all vessels the opened. Trial carrying out in the closed session of the court is possible only on the bases provided by the federal act, both concerning all proceeding, and concerning its corresponding part.

About trial carrying out in the closed session of the court the court takes out motivirovannoe definition or the decision in which the concrete circumstances interfering an easy approach in courtroom of persons should be specified, not being participants of process, representatives of editions of mass media (journalists) (article 10 GPK the Russian Federation, 24.3 KoAP the Russian Federation, 241 UPK the Russian Federation).

At the same time in the above-stated decision of Plenum presence in business of the data concerning by a private life of persons participating in business is noticed, that, is not the unconditional basis for acceptance by court of the decision on trial carrying out in the closed session of the court. To vessels, at the decision of a question on trial carrying out in the closed session of the court on motive of maintenance of the right of the person on inviolability of a private life, it is necessary to take into consideration character and the maintenance of data on a private life of the person, and also possible consequences of disclosure of such data.

Also courts have urged to pay attention that the federal legislation do not provide a duty of the persons present at open session of the court and fixing its course in writing and (or) by means of means of an audio record, to notify court and to receive at it the permission to fixing of a course of proceeding in the given forms. The written form of fixing of a course of proceeding concern, including conducting is direct in a network "Internet" of the text records which are carried out by means of computer and other means, and also litigation sketches.

Photographing, videorecording, filming, and also translation by radio and (or) to TV of a course of proceeding can be carried out exclusively from the leave of court [237].

The order of access of persons in courtroom, in courthouse is defined by organizational-administrative certificates of corresponding court. So, Rules of stay of visitors in Leninsk regional court of a city of Kostroma establish, that the admission in courthouse of representatives of mass media, and also entering into courthouse intensifying and radio - a body - cinema - photoequipments is carried out at a presentation by representatives of mass-media of business cards with the permission of the Chief Justice or its assistant [238]. And similar practice of the admission in regional courts of representatives of mass-media is extended everywhere as absolutely identical positions contain Rules of stay of visitors in regional vessels of a city of Penza and the Penza area [239], the Tambov area [240], the Tver area [241]. Thus, access of journalists to court in comparison with other citizens appears is limited, because it is necessary for them to receive the special permission of the Chief Justice which under the discretion not having accurate criteria defines whom to admit on hearings. At the same time Plenum of the Supreme Court of the Russian Federation has explained, that as «presence of journalists at open session of the court with a view of reception of data on business is lawful way of search and information reception, and also that at realisation of professional work the journalist fulfils a public duty, it is not supposed chinenie obstacles and refusal by it in access to courtroom on motive of a professional accessory, because of absence of accreditation and (or) on other bases, not statutory» [242]. On the basis of stated, with a view of maintenance of equal access to the information on activity of regional vessels, it is necessary to make changes to corresponding rules of stay of visitors in regional court, having defined, that the admission in courthouse of representatives of mass media with a view of presence at open session of the court, fixing of a course of proceeding is carried out at a presentation by them of business cards, the admission in courthouse in other purposes, and also entering into radio - courthouse, a body - cinema, photoequipments is made with the permission of the Chief Justice or the person, its displacing.

The openness and publicity of realisation of justice allow the persons who are present at open session of the court, to estimate justice

Legal proceedings, thereby act as the constraining, precautionary factor for corruption offences and reduce probability of a corruption component of proceeding, as judges participating in him and workers of the device of court (secretaries of session of the court, assistants to the judge) will understand, that their possible bias, mercenary or other personal

Interest in issue of a suit can become obvious for present; are a guarantee of maintenance of justice

Justice.

Publication of data on activity of vessels in mass-media in modern conditions acts one their key ways of access to the information. Mass media definition is resulted in item 2 of the Law of the Russian Federation from 27.12.1991 № 2124-1 «About mass media», by the specified position to their number are carried: network editions, television channels, radio channels, teleprograms, radio programs and other mass media [243].

Importance of interaction of vessels and mass-media were underlined by V.M.Lebedev, having declared, that the essential role in the prevention of corruption displays and simultaneously in formation of an objective image of the Russian judiciary belongs to mass media. Their activity is directed on finishing to a society the truth about work of vessels [244].

Therefore it is not casual in regional vessels more and more attention it is given to development of institute of press-secretaries, courts try not only to react operatively to inquiries of mass-media, but also directly to influence a condition of an information field [245]. Activity in this direction is dictated by the developed new historical, economic and political realities.

For example, in Kostroma area in all regional vessels the persons responsible for interaction from mass-media are defined. As a rule, those are assistants to judges of corresponding vessels.

Management of Judicial department quarterly publishes data on work in Kostroma area on a supply with information of federal courts of the general jurisdiction within corresponding region. So, for 4 quarter 2015 in printing mass media 63 articles about activity of regional vessels of area have been published, about 100 messages is placed in electronic mass-media, more than 150 press releases are directed to local mass-media and placed on sites of vessels [246]. Also in the report it is especially noticed, that information in the mass-media, the mismatching validity and discrediting business reputation of court, and also judicial authority negatively influencing authority, the concrete judge for the specified period it is not established.

One of ways of providing of access to the information on activity of vessels is its placing in a network "Internet". Now each regional court has the site in a network "Internet" which represents the high-grade tool of interaction of a society and the power.

According to the current legislation all information placed on a site should be presented on following basic sections: 1) the general information on court; 2) the information connected with disposal of legal proceeding in court; 3) judicial statistics data; 4) the information on personnel maintenance of court; 5) the information on an order and time of an enrolment of citizens, including representatives of the organisations, public associations, an order of consideration of their references concerning the organisation of activity of court, complaints to actions (inactivity) judges or workers of the device the vessels which have been not connected with consideration of concrete affairs, and also a phone number for reception of the help information; 6) data on purchases of the goods, works, services for needs of vessels.

Also the Federal act № 262-FZ defines specificity

Publications in a network "Internet" of texts of judicial certificates. At publication on an official site of court of texts of judicial certificates from them personal data are withdrawn. Besides, ch. 5 items 15 of the specified Law the list of the judicial certificates which are doing not come under to publication in a network "Internet" (affairs about the injunction delivery, the separate categories of affairs considered as special proceeding and others) is defined.

The order of Judicial department at the Supreme Court of the Russian Federation № 335 approves from 02.11.2015 Regulations of placing of the information on activity of vessels and bodies of judicial community in a network "Internet" [247]. The given certificate establishes the basic requirements to

To placing of the information on activity of vessels, filling of information resources concerning corruption counteraction, and also that the information on activity of the vessels, placed in a network "Internet", is the popular information resource intended for an uncertain circle of persons and given on a free basis.

It is necessary to note and the decision of Presidium of Judicial council of the Russian Federation from 27.01.2011 № 253 by which the Regulations of the organisation of placing of data on affairs being in court and texts of judicial certificates in a network "Internet" on an official site of court of the general jurisdiction (further in the present paragraph - Regulations) are approved. According to Regulations the ranking officer of the device of court according to requirements of the legislation and existing computer technology spends depersonifikatsiju texts of judicial certificates and (or) an exception of them of data of the limited access. According to regulations depersonifikatsija is an exception of the text of the judicial certificate of personal data [248]. In this connection, as marks A.A.Kajdash, at depersonifikatsii the judicial certificate there can be some question (for example, reference of data on a previous conviction condemned, justified to personal data).

Any data characterising the concrete participant of litigation, including the information on its surname, name, patronymic, birth date and birth place, home address, the marital status, presence of this or that property, vocational training level, work place concern personal data etc.

On the basis of the given definition of data on previous convictions condemned, defensible it is possible to carry to personal data and then they are necessary for excluding from the text of the judicial certificate. From other party, such data have essential value as influence awarding punishment, and their exception is inexpedient [249]. Thus, entering of respective alterations into Regulations for the purpose of specification is represented proved, whether these data come under to an exception of the text of the judicial certificate.

According to Federal act positions № 262-FZ and Regulations of a surname and the initials of the claimant and the respondent, and also the third party do not come under to an exception of the text of the judicial certificate. However legislatively the operations procedure, in a situation when as the claimant or the respondent the legal body to which such concepts as the surname and the initials, are not peculiar acts is not defined. According to item 54 of the Civil code of the Russian Federation the legal body has the name containing instructions on its organisation-legal form [250]. On the basis of stated, it is necessary to make changes to corresponding normative acts, having added the list of the data which are doing not come under to an exception of texts of judicial certificates, the name of the legal person.

The regulations define a circle of data on participants of proceeding which come under to withdrawal from texts of the judicial certificates published on an official site vessels.

Meanwhile, as fairly marks A.A.Kajdash, data about physical health which according to Regulations come under to an exception of texts of judicial certificates on some categories of affairs (claims about compensation of the damage caused by road accident; injury to health and others) concern a being of the considered cases, therefore their exception can lead to loss of sense of the judicial certificate and its further placing on a court site will appear useless for interested persons [251]. Thus, it is necessary to make changes to Regulations, having established, that data about physical and mental health are excluded from the text of the judicial certificate only in the event that such data have no essential value for adjudication.

In whole, in the scientific environment many researchers criticise depersonifikatsiju judicial certificates, specifying on its senselessness and even absurdity. So, M.Pozdnyakov notices, that depersonalizatsija judicial certificates considerably complicates acquaintance with their texts as useful data are excluded from them, and, hence, the judgement text becomes absolutely not readable [252].

Depersonifikatsija judicial certificates also has led to occurrence of a following problem question, namely, to substantial growth of loading of workers of the device of the court, responsible for the specified direction of activity. As consequence, regional courts publish judicial certificates changeably and is incomplete. So, by results of generalisation of practice of execution by vessels in 2013 and the first half of the year 2014 of requirements on providing of access to the information on activity of vessels third of judgements on civil cases are published on sites of regional vessels with delay, about 20 % are not published in general [253]. Following the results of the second half of the year 2014 - first half of 2015 on sites of regional vessels it is not placed about 15 % of judicial certificates on civil cases [254]. Thus, as a result of introduction depersonifikatsii judicial certificates realisation of a principle of an openness of the judicial authority has no due effect as the aspiration to make judgements more accessible upon leads their partial or full obessmyslivaniju.

However it is necessary to agree with M.V.Tchizhov, that at legislative level guarantees for protection of personal data should contain at publication of texts of judicial certificates [255]. Quite proved

The offer about depersonifikatsii the published judicial certificate only under the petition of the persons participating in business is represented. In the absence of the declared petitions, texts of judicial certificates take places on

Official site in a network "Internet" in full.

Thus, despite arising difficulties at placing of the information on activity of vessels in a network "Internet", publication of judicial certificates on official sites opens ample opportunities for citizens and the organisations as provides wide access of interested persons to the corresponding information, promotes formation uniform pravoprimenitelnoj experts, pushes judges to a better statement of the judicial certificates accepted by them, and also acts as an indispensable condition of effective preventive maintenance of corruption in the given sphere.

Also the Regulations allocate the Chief Justice with powers to destination the persons responsible for selection of judgements for publication on a site vessels; depersonalizatsiju texts of judicial certificates and an exception of them of the positions containing data of limited access; direct placing of the information on court activity in sections and subsections of a site of court; updating of the information on court activity on a court site.

Besides, the Chief Justice carries out the control over timeliness and reliability of publication in a network "Internet" of texts of judgements and the information on cases in point.

In more details the order of placing of the information on activity of regional vessels in a network "Internet" is settled at level of corresponding positions which define responsible for preparation and information representation, an order of a document transfer for placing, terms of placing and information updating on a site. So, the order of the chairman of Lenin regional court of a city of Kostroma № 68 approves from 31.10.2010 Position about an order of preparation,

Grantings and placings on an official site of the information about

Activity of Lenin regional court of a city of Kostroma [256]. The given Position assigns the general control over site work to the Chief Justice, the direct management of working out and site support is entrusted to the manager of court, and with a view of maintenance of information filling of a site creation of an editorial board as a part of the chairman, the assistant, judges, assistants to judges and providing experts is provided. Also the present Position defines powers of an editorial board and the persons responsible for preparation, placing of the information and for technical maintenance of a site.

As a whole, according to Management of judicial department in 2011 regional vessels of Kostroma area on official sites had been placed 12799 judicial certificates [257], in 2012 - 13 759. [258]

However, despite growth of number of published judicial certificates, in the decision of Judicial council of Kostroma area from 26.04.12 № 1 it is noticed, that by results of monitoring of sites of regional vessels of Kostroma area absence of the uniform approach to registration of sites of regional vessels and information placing in sections of a site [259] is established. The part of the information provided to placing by the Federal act № 262 FZ, on sites of regional vessels is absent. Filling of bases «Judicial office-work» and «Judicial certificates» owing to what terms of placing of the information on movement of affairs (date and legal investigation time) and texts of judicial certificates are broken that breaks the rights of users to qualitative and timely reception is out of time led

Information.

As consequence, with a view of coordination of information work in regional vessels the Judicial council of Kostroma area had been approved Recommendations about the uniform approach of creation of subsections of sites of regional vessels of Kostroma area and to placing in them the necessary information. Especially it is necessary to note subsection presence «Measures on corruption counteraction». Necessity of existence of the given subsection is caused, first of all, by the purposes and problems of maintenance of an information openness of activity of vessels, among which - corruption preventive maintenance. In the specified subsection of the Recommendation order to place the information on structure of the commission on observance of requirements to office behaviour of civil employees; the organisations of activity of the commission; algorithm of actions of the employee by granting of data on incomes; the information on the contact persons responsible for gathering of the information on the facts of corruption and their phone numbers.

Such approach to section filling «Measures on corruption counteraction» is represented not absolutely true as does not assume placing of other important information in the given sphere. Much more rational decision use of the approach stated in requirements to placing and filling of subsections of official sites of federal state bodies, devoted to questions of counteraction of the corruption, prepared by Ministry of Labor of Russia looks. According to the given document in subsection concerning corruption counteraction, access to which should be carried out from the main page of a site, references to following subsections are contained: 1) standard legal and other certificates in sphere of counteraction of corruption; 2) anticorruption examination; 3) methodical materials; 4) forms of the documents connected with counteraction of corruption, for filling; 5) data on incomes, expenses; 6) the commission on settlement of the conflict of interests; 7) return

Communication for messages on the facts of corruption [260].

Having analysed the specified approaches to placing and filling of sections of official sites of the state bodies devoted to questions of counteraction of corruption, having studied sites of regional vessels, the author of dissertation has formulated requirements to section filling «Measures on corruption counteraction» on sites of regional vessels which as it is represented, should include following subsections:

1) standard legal and other certificates in sphere of counteraction of corruption, including in regional vessels (the international certificates, federal acts, the subordinate legislation, documents of system of Judicial department at the Supreme Court of the Russian Federation, certificates of bodies of judicial community, orders of the Chief Justice, the plan of preventive maintenance of corruption);

2) data on incomes, expenses, on property and obligations of property character of judges and civil employees of the device of regional court;

3) the commission on observance of requirements to office behaviour and settlement of the conflict of interests in regional court (commission structure, Position about the commission, data on planned carrying out of session of the commission (the announcement, the summons), about the taken place session of the commission, the accepted decisions);

4) forms of the documents connected with counteraction of corruption in regional court, for filling (the reference of the citizen, the representative of the organisation on the facts of corruption offences; the notice on intention to perform other paid work; the inquiry on incomes,

Expenses; the notice on the fact of the reference for the purpose of declination of the worker to a corruption offence, other forms, forms, statements, notices);

5) methodical materials (methodical recommendations, letters with legislation explanations, algorithms, instructions, other documents of methodical character);

6) reports, reports, reviews, the statistical information;

7) a feedback for messages on the corruption facts in regional court (the information on ways of a direction of references by means of a mail service, through a court site, by phone of "a hot line»);

8) often set questions.

The most simple and accessible way of acquaintance with the information on work of regional vessels is placing of the given information directly in premises of vessels. The specified information is possible to data of users by means of information stands, means, different ways (the automated information racks). Besides, the Law defines the maintenance of the information which are coming under to placing at corresponding stands (a court operating procedure; an order of presence at session of the court; other information).

In development of positions of the federal legislation by Judicial council of the Russian Federation Methodical recommendations about registration by vessels of the general jurisdiction of information stands [261] are approved. In conformity with the specified recommendations the chairman of regional court appoints the worker of the device of the court responsible for preparation, reliability and timeliness of updating of the legal information placed at stands. The control over placing of information stands and (or) means of similar appointment in premises of regional vessels is assigned to managers of corresponding vessels. The control for napolnjaemostju information stands on each of the established sections is assigned to chairmen of regional vessels.

Along with the considered ways, for corruption preventive maintenance can be used and other ways which correspond to the law and a principle of independence of judges (interview, public speaches of chairmen of regional vessels, distribution by regional court of press releases of anticorruption subjects).

At the analysis of perspective directions of development in the field of maintenance of an openness and a transparency of activity of regional vessels, first of all, it is necessary to pay attention to the Federal target program «Development of the judiciary of Russia for 2013-2020» [262] which provides realisation of following actions:

Increase of an openness, availability and transparency of activity of vessels on the basis of information-communication technologies at the expense of application of systems of video-and audiorecording of a course of sessions of the court, programmno-means of numbering of documents and the video-conferencing equipment;

Creation of a complex of scanning and storage of electronic images of judicial documents, and also work on transfer of paper mills in an electronic kind.

Thus it is necessary to notice, that activity on maintenance of an openness and a transparency of regional vessels should not be reduced on places to thoughtless realisation provided by the Federal act № 262-FZ measures. Thereupon V.M.Bozrov fairly notices, that the tendency to the unjustified supertransparency of legal proceedings considered by panacea from all troubles is observed. It, in turn, promoted that litigations by time are difficult for distinguishing from sets, and judges, public prosecutors and the lawyers giving interview at the slightest pretext, - from politicians [263].

Summing up to the present paragraph, it is necessary to notice, that the openness and a transparency of activity of regional court is provided with the various ways allowing interested subjects to get acquainted with all information necessary for them. Such information openness is an effective measure of preventive maintenance of corruption in regional court and, hence, to one of the major conditions of maintenance of legality and justice of activity of court.

3.2.

<< | >>
A source: Buharev Anton Viktorovich Teoretiko-pravovye. Aspects of organizational-administrative activity on corruption preventive maintenance in regional vessels of the Russian Federation. The dissertation on competition of a scientific degree of the master of laws. Kostroma -. 2016

More on topic 3.1. Maintenance of an openness and "transparency" of activity of regional vessels as the supplementary measure on corruption preventive maintenance.:

  1. perfection of a legal basis and practice of the organisation of other supplementary measures on corruption preventive maintenance in regional vessels.
  2. measures on corruption preventive maintenance in the regional vessels, provided by the Federal act «About corruption counteraction».
  3. legal regulation of organizational-administrative activity on corruption preventive maintenance in regional vessels of the Russian Federation.
  4. subjects of preventive maintenance of corruption in regional vessels.
  5. the organisation and kinds of measures on corruption preventive maintenance in regional vessels.
  6. the scientific characteristic and legal bases organizatsionnoupravlencheskoj activity on corruption preventive maintenance in regional vessels of the Russian Federation.
  7. system of measures on corruption preventive maintenance in regional vessels of the Russian Federation.
  8. the basic directions of perfection of a legal basis and practice of the organisation of measures on corruption preventive maintenance in regional vessels of the Russian Federation.
  9. Buharev Anton Viktorovich Teoretiko-pravovye. aspects of organizational-administrative activity on corruption preventive maintenance in regional vessels of the Russian Federation. The dissertation on competition of a scientific degree of the master of laws. Kostroma -, 2016 2016
  10. about the legal maintenance of concepts "protection", "protection", "preservation" and «steady use»
  11. subjects POV in a position "patriot" - "proponent" and "opponent" - "analyst"
  12. concept and principles of organizational-administrative judicial business on corruption preventive maintenance.
  13. Teoretiko-legal research of a parity of concepts «the person,« the physical person, "citizen", "person", "individual", "Everyone"
  14. § 1. Genesis of terms "promise", "bribe" and "lihoimstvo" by the Russian right XIV-has begun XX centuries
  15. the Maintenance of a category of "ability" in psychological research
  16. 2.1. The maintenance of a category "stability" in the light of Russian and The Tadjik cultural traditions