In what cases will the court not release a bankrupt citizen from debts?

Open and closed court hearings

Proceedings in civil cases in all courts are open; in closed court sessions in civil cases, proceedings are carried out in cases containing state secrets, secrets of adoption, as well as in other cases, if provided for by federal law.
Anyone present at an open court hearing has the right to record the progress of the trial in writing, as well as by audio recording. Filming and photography, video recording, broadcast of the court hearing on television, on the Internet or radio broadcast is permitted with the permission of the court.

Cases of administrative offenses are subject to open consideration, except for cases where this may lead to the disclosure of secrets protected by law, as well as in cases where this is required by the interests of ensuring the safety of persons participating in the proceedings, members of their families, their relatives, as well as protection of the honor and dignity of these persons.

Anyone present during an open hearing of a case of an administrative offense also has the right to record the progress of the consideration of the case in writing and by means of audio recording. Photographing, video recording, broadcasting of an open hearing of a case on television, the Internet or radio is permitted with the permission of the judge.

Criminal proceedings in all courts are also open, with the exception of certain cases.

A closed trial is allowed on the basis of a court ruling or order in cases where:

• Proceedings of a criminal case in court may lead to the disclosure of state or other secrets protected by ideal law.

• Criminal cases involving crimes committed by persons under the age of 16 are considered.

• Criminal cases of crimes against sexual integrity and other crimes are considered, the consideration of which may lead to the disclosure of information about the intimate aspects of the lives of participants in criminal proceedings, or information degrading honor and dignity.

• This is required by the interests of ensuring the safety of participants in the trial, their close relatives or close persons.

Anyone present at an open court hearing in a criminal case has the right to make audio and written recordings, photography, video recording or filming, as well as broadcasting an open court hearing on the radio or on the Internet with the permission of the presiding judge at the court hearing.

Broadcasting of an open court hearing at the pre-trial stage on radio, television or the Internet is not permitted.

Court decisions in civil and administrative cases are announced publicly, except for cases where such an announcement affects the rights and legitimate interests of minors.

The court's verdict in a criminal case is announced in an open court session. If a criminal case is considered in a closed court session, only the introductory and operative parts of the verdict may be announced.

Additional commentary to Art. 10 Code of Civil Procedure of the Russian Federation

The principle of publicity of proceedings in courts of general jurisdiction is enshrined in Art. 123 of the Constitution of the Russian Federation and Art. 9 FKZ “On the judicial system of the Russian Federation”. According to these articles, proceedings in all courts are open. Hearing cases in closed sessions is permitted in cases provided for by federal law.

The traditional understanding of the principle of publicity in modern conditions has begun to limit to some extent the constitutional right of citizens to receive information about the activities of a court of general jurisdiction.

Publicity in civil proceedings is manifested not only in the form of perception by citizens and officials of everything that happens in the courtroom and the ability of persons present in open court to take notes and perform other actions provided for in Part 7 of Art. 10 of the Code of Civil Procedure, but also by disseminating various information about trials in the media, publishing judicial acts issued by courts of various instances, as well as providing an opportunity for a wide range of citizens and officials to familiarize themselves with these acts. This form of publicity was also developed in the new Code of Civil Procedure.

The principle of transparency is of great importance for ensuring the educational and preventive functions of justice and is a means of monitoring the activities of the court considering the case.

Restrictions on publicity in civil proceedings are permitted:

in cases directly provided for by law;
as determined by the court when satisfying the petition of a person participating in the case.

In Part 2 of Art. 10 of the Code of Civil Procedure of the Russian Federation states that cases containing information constituting a state secret, the secret of the adoption of a child, as well as other cases, if provided for by federal law, are considered in a closed court session. The list of information constituting a state secret is specified in Art. 5 Federal Law “On State Secrets”.

At the request of a person participating in the case, proceedings in closed court sessions are allowed if it contains a reference to the need to preserve commercial or other secrets protected by law, the inviolability of private life of citizens or other circumstances, the public discussion of which could interfere with the proper trial of the case or entail disclosure of these secrets or violation of the rights and legitimate interests of a citizen.

In accordance with Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, protection of their honor and good name, to the secrecy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision.

In order to protect the secrecy of correspondence and telegraph messages, personal correspondence and personal telegraph messages of citizens can be read out in an open court session only with the consent of the persons between whom this correspondence and telegraph messages occurred. Otherwise, such correspondence and telegraph messages are announced in a closed court session (see comments to Article 182 of the Code of Civil Procedure). These rules should also apply when examining audio and video recordings of a personal nature.

Note!

Request for a closed trial

The current civil procedural legislation does not contain restrictions on access to the courtroom for minors. At the same time, the law states that a witness under sixteen years of age is removed from the courtroom at the end of his interrogation, except in cases where the court recognizes the presence of this witness in the courtroom as necessary (see comments to Article 179 of the Code of Civil Procedure of the Russian Federation).

Limitations on publicity may also occur in the case provided for in Part 5 of Art. 159, according to which, in the event of a massive violation of order by citizens present during the trial of a case, the court may remove from the courtroom all citizens not participating in the case.

The court must issue a reasoned ruling regarding the trial of a case in a closed court session. It is not subject to appeal.

After the announcement of the ruling, all citizens present in the courtroom are required to leave it.

When a case is being tried in a closed court session, the persons participating in the case, their representatives, and, if necessary, also witnesses, experts, specialists and translators are present. According to the current Code, these persons must be warned by the court about their responsibility for disclosing the information specified in Part 2 of the commented Article 10 of the Code of Civil Procedure of the Russian Federation.

The hearing of the case in a closed court session is conducted in compliance with all rules of legal proceedings. Court decisions are announced publicly, except in cases where such announcement of decisions affects the rights and legitimate interests of minors (Part 8 of Article 10 of the Code of Civil Procedure of the Russian Federation as amended).

The public proclamation of the decision should not be accompanied by the disclosure of information, in order to preserve the secrecy of which the court hearing was held in whole or in part behind closed doors.

In Part 3 of Art. 10 of the Code of Civil Procedure of the Russian Federation contains a new procedural norm obliging the court to warn persons participating in the case and other persons present during the commission of a procedural action, during which information containing state secrets or other information specified in Part 2 of this article may be revealed. , about responsibility for their disclosure. The introduction of this legal norm into the Code of Civil Procedure was caused primarily by the need to allow a lawyer who does not have special access to state secrets to participate in a case involving state secrets.

The implementation of the principle of transparency in civil proceedings is essentially not guaranteed by anything. When making future changes and additions to the Code of Civil Procedure, this omission must be eliminated.

Article 10 of the Code of Civil Procedure of the Russian Federation. Publicity of the trial

Civil Procedure Code of the Russian Federation"
Section I. GENERAL PROVISIONS"
Chapter 1. BASIC PROVISIONS"
Article 10. Publicity of court proceedings

1. The hearing of cases in all courts is open.

2. Proceedings in closed court sessions are carried out in cases containing information constituting a state secret, the secret of the adoption of a child, as well as in other cases, if this is provided for by federal law. Proceedings in closed court sessions are also permitted if the petition of a person participating in the case is satisfied and refers to the need to preserve commercial or other secrets protected by law, the inviolability of the private life of citizens or other circumstances, the public discussion of which could interfere with the proper trial of the case or entail the disclosure of these secrets or violation of the rights and legitimate interests of a citizen.

3. Persons participating in the case, other persons present during the commission of a procedural action during which the information specified in part two of this article may be revealed, are warned by the court of responsibility for their disclosure.

4. The court shall issue a reasoned ruling regarding the trial of a case in a closed court session in relation to all or part of the trial.

5. When considering a case in a closed court session, the persons participating in the case, their representatives, and, if necessary, also witnesses, experts, specialists, and translators are present.

6. The case is considered in a closed court session in compliance with all rules of civil procedure. The use of audio recording devices and video conferencing systems in a closed court hearing is not permitted.

7. Persons participating in the case and citizens present at an open court hearing have the right to record the progress of the trial in writing, as well as through audio recording. Filming and photography, video recording, broadcasting of court proceedings on radio, television and on the Internet information and telecommunications network are permitted with the permission of the court.

8. Court decisions are announced publicly, except for cases where such announcement of decisions affects the rights and legitimate interests of minors.

Commentary on Article 10 of the Code of Civil Procedure of the Russian Federation

1. Article 10 of the Code of Civil Procedure of the Russian Federation reveals, in relation to civil proceedings, the constitutional principle of openness of judicial proceedings, enshrined in Art. 123 of the Constitution. At the same time, publicity of judicial proceedings is a generally recognized principle of international law (Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms). As a general rule, civil cases at all stages of proceedings are considered in open court. This does not mean that any person can be present in the room in which a civil case is being considered, although, unlike the Code of Civil Procedure of the Russian Federation of the RSFSR of 1964, the current procedural law does not provide for age restrictions for them. In our opinion, only persons who have reached the age of 16 can attend a court hearing. Indirect confirmation of this is, in particular, the fact that the measures that can be taken against such persons in case of violation of order at a court hearing (fine, sending relevant documents to the prosecutor's office to initiate a criminal case) are designed for violators who have reached the age of 16 .

2. Part 2 art. 10 of the Code of Civil Procedure of the Russian Federation names the permissible restrictions on publicity in civil proceedings. Firstly, these are restrictions established by federal laws, for example, Law of the Russian Federation of July 21, 1993 N 5485-1 “On State Secrets” (as amended on November 8, 2011), SK. Secondly, closed court hearings are held at the request of persons participating in the case, if they refer to the need to preserve commercial, banking, tax or other secrets protected by law, the inviolability of private life of citizens or other circumstances, the public discussion of which could interfere with the proper trial of the case or result in the disclosure of said secrets or violation of the rights and legitimate interests of a citizen or organization. For some reason, an indication of a legal entity as a subject whose interests are protected by the rules on closed court hearings is not contained in Part 2 of Art. 10 GPC. Along with Part 2 of Art. 10 of the Code of Civil Procedure of the Russian Federation, an indication of the need to hold a closed court hearing is contained in Art. 182 of the Code of Civil Procedure of the Russian Federation, which allows the disclosure and examination of correspondence and telegraph messages of citizens in an open court session only with the consent of the persons between whom these correspondence and telegraph messages occurred.

A civil case is considered in a closed court session when the court is forced to remove from the courtroom all citizens who are not participants in the process in the event of a massive violation of order by them in the court session (Part 5 of Article 159 of the Code of Civil Procedure of the Russian Federation).

3 - 5. In part 3 art. 10 of the Code of Civil Procedure of the Russian Federation contains a rule on the obligation of the court to warn the persons participating in the case and other persons present during the commission of a procedural action, during which the secrets named in Part 2 of Art. 10 of the Code of Civil Procedure of the Russian Federation and other federal laws, on liability for their disclosure. We are obviously talking about warning the participants in the process, which, along with the persons participating in the case, include their representatives, witnesses, experts, specialists, and translators. They are discussed in Part 5 of Art. 10 GPC. It should be noted that the rules on the inadmissibility of disclosure of professional secrets by a representative lawyer are contained in the Federal Law of May 31, 2002 N 63-FZ “On advocacy and the legal profession in the Russian Federation” (as amended on November 21, 2011). The rules on liability for the disclosure of information containing secrets are contained in Art. 137, 138, 147, 155, 183, 283, 320 of the Criminal Code.

On consideration of a case in a closed court session (in whole or in part of the trial), the court issues a reasoned ruling. Such a determination is not subject to appeal, however, an objection to considering the case in a closed court session may be included in the content of the appeal or cassation complaint, or the corresponding submissions of the prosecutor.

6. Part 6 art. 10 of the Code of Civil Procedure of the Russian Federation obliges the court to comply with the rules of civil procedure when considering a case in a closed court session.

7. An important guarantee of the legality of court acts is the established part 7 of Art. 10 of the Code of Civil Procedure of the Russian Federation the right of persons participating in the case and citizens present at an open court hearing to record the progress of the trial in writing, as well as by means of audio recording, without asking permission of the court. Photography, video recording, and broadcast of the court hearing on radio and television are permitted with the permission of the court. Publicity of legal proceedings is also ensured by disseminating information about trials and court decisions in the media, including at the initiative of the court, when publication of a court decision in a printed publication is provided for by the Code of Civil Procedure of the Russian Federation (see Article 253 of the Code of Civil Procedure of the Russian Federation).

8. In accordance with Part 8 of Art. 10 of the Code of Civil Procedure of the Russian Federation, court decisions are announced publicly, regardless of whether the case was considered in an open or closed session. An exception is made only for decisions that affect the rights and legitimate interests of minors. Such decisions are announced in a closed court session.

The advisability of publicly announcing a decision in a case that was reasonably considered in a closed court session raises doubts. The announcement of the court decision is the final part of the trial, and it is subject to the rules on closed court hearings; it must also be announced in a closed court session. Although courts very rarely make complete, reasoned decisions in the deliberation room. More often, after the judge leaves the deliberation room, the introductory and operative parts of the decision are announced.

Publicity of the trial, being a fundamental principle of civil procedural law, serves as a condition for the implementation of other principles of the industry. In particular, the principle of independence of judges and their subordination only to the Constitution and Federal Law. Publicity of legal proceedings helps to improve its culture and is a preventive means of preventing any deviations from the rules of legal proceedings established by law.

Closed trial

A closed trial is a trial in which outsiders not participating in the trial are not allowed to be present. Often even close relatives cannot participate in such proceedings, but only the participants themselves and, if necessary, other persons, if this is necessary in order to clarify the circumstances regarding the guilt of a given person.

A closed trial is not any manifestation of bureaucracy or any negative phenomena; it is always caused by a serious need. That is why the law provides the opportunity to use closed meetings.

One of these needs is compliance with the regime of state or other secrets. State secrets have certain classifications of secrecy, which is why they are inaccessible to ordinary citizens for strategic reasons. For example, the location of any tactical military bases may be classified, because if an ordinary citizen finds out about it, he can tell about it, for example, to foreign intelligence services. Thus, it is very important to maintain this secrecy.

Another example: two large commercial companies may be involved in a lawsuit. Within the framework of the court, the issue of disclosure of trade secrets, which can lead to colossal losses of millions and billions of rubles, is resolved. Naturally, disclosure of a trade secret is also punishable by law, so this secret must remain secret.

Thus, a closed trial is a completely justifiable procedure that is of great importance. In criminal proceedings, the possibility of a closed trial must be provided. Yes, this actually somewhat worsens the situation of individuals, since the principle of openness is violated, which is why there is doubt whether the court decision was objective; on the other hand, the court has no other choice, since if the trial is made open and in it, for example , state secrets will be disclosed, this may lead to more significant damage.

It is worth understanding that not the entire process may be closed. For example, many meetings may be open, but only one may be closed. Naturally, materials on a closed case are not published. The verdict is always announced in open court.

Petition for the use of audio recordings in court (general jurisdiction)

Personally, I usually notify the court orally of my intention to audio-record the court hearing. In this case, you can refer to the provisions of the law.

Civil Procedure Code, Art. 10.

Persons participating in the case and citizens present at an open court hearing have the right to record the progress of the trial through audio recording

Code of Administrative Procedure, Art. eleven.

Persons participating in the case and other persons present at an open court hearing have the right to record the progress of the trial in writing and using audio recording devices

In this way, the principle of publicity and openness of the court hearing is implemented. It is enough to simply notify the court that the progress of the court hearing will be recorded using audio recording means. In this case, I see no point in submitting a written request. But it is not excluded. It is important to understand that the point is not to obtain permission from the court, but to simply notify. Recording the progress of a court hearing is the right of the persons participating in the process. The implementation of this possibility does not depend on the will of the court.

On the other hand, it is necessary to understand that we are talking about an open court hearing . At the same time, in a closed court session, the persons participating in the case undertake not to disclose information that is not subject to disclosure (state secrets, commercial secrets, or other).

However, I see no obstacles to audio recording during a closed court hearing . You just need to understand that you should not publish or transfer the audio recording to anyone, so as not to incur liability.

Closed court session in criminal proceedings

In accordance with the requirements of Art. 241 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), the proceedings of criminal cases in all courts are open. This presupposes the right of citizens to observe the progress of criminal proceedings by being present in the courtroom, as well as to receive information about the consideration of the case from the media.

However, there are exceptions to this rule and in a number of cases provided for in Part 2 of Art. 241 of the Code of Criminal Procedure of the Russian Federation, a hearing of the case in a closed court session is allowed.

When hearing a case in a closed session, outsiders do not have the right to be present in the room where it is being heard; only its participants are present in the process: the judge, the secretary of the court session and the parties: the public prosecutor, the victim, his legal representative, the accused, his lawyer and legal representative. Other participants in the process: witnesses, experts and others may be present at the court hearing only for the duration of their interrogation.

A closed court hearing is held in cases where:

– the proceedings of a criminal case may lead to the disclosure of state or other secrets protected by law (commercial, banking, medical, other professional or family secrets);

– criminal cases of crimes committed by minors under 16 years of age are considered;

– consideration of criminal cases of crimes against sexual integrity and sexual freedom of the individual and other crimes may lead to the disclosure of information about the intimate aspects of the lives of participants in criminal proceedings or information that humiliates their honor and dignity;

– this is required by the interests of ensuring the safety of participants in the trial, their relatives or close persons.

The decision to try the case in a closed court session is made by the presiding judge at the request of one of the parties, for which a resolution (ruling) is made, which indicates the specific circumstances on the basis of which the court made such a decision.

Even if the case was heard in a closed court session, the verdict in the case is announced openly. In this case, only the introductory and operative parts of the verdict are announced.

Trial of civil cases in closed court.

The general rule of publicity of judicial proceedings has some exceptions when individual cases are heard in closed court .

The European Convention for the Protection of Human Rights and Fundamental Freedoms allows for restrictions on the publicity of judicial proceedings to ensure both private and public interests. At the same time, the Convention names such private interests as the priority of preserving the privacy of the parties to the dispute, as well as the interests of minors. Public interests that require consideration when ensuring the publicity of the trial are morality, the interests of public order, the interests of national security and the interests of justice (clause 1 of Article 6 of the Convention).

The current Code of Civil Procedure of the Russian Federation provides for the following exceptions to the principle of publicity of judicial proceedings.

The first exception to the principle of publicity is that, in accordance with Part 2 of Article 10 of the Code of Civil Procedure of the Russian Federation, proceedings in closed court sessions are carried out in cases containing information constituting a state secret, the secret of the adoption of a child, as well as in other cases, if provided for by federal law.

At the same time, the trial of the case in a closed court session on the grounds of preserving state secrets is carried out by the court only if there is information in the case materials that is classified as a state secret and classified in accordance with the procedure and on the basis of the Law of the Russian Federation of July 21, 1993 N 5485-1 “On State secret." At the same time, the trial of the case in a closed court session on the grounds of preserving state secrets is carried out by the court in the part in which such information is disclosed and (or) examined.

According to Article 2 of the Law of the Russian Federation of July 21, 1993 No. 5485 “On State Secrets,” state secrets are understood as information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which may harm the security of the Russian Federation .

In accordance with Article 7 of the Law of the Russian Federation “On State Secrets”, the following information is not subject to classification as a state secret and classified:

about emergency incidents and disasters that threaten the safety and health of citizens, and their consequences, as well as about natural disasters, their official forecasts and consequences;

about the state of ecology, health care, sanitation, demography, education, culture, agriculture, as well as the state of crime;

on privileges, compensation and social guarantees provided by the state to citizens, officials, enterprises, institutions and organizations;

about facts of violation of human and civil rights and freedoms;

on the size of the gold reserves and state currency reserves of the Russian Federation;

on the state of health of senior officials of the Russian Federation;

about facts of violation of the law by public authorities and their officials.

An important issue in judicial practice is the possibility of removing a lawyer who is a representative of a party in a case from conducting a case on the grounds that he does not have access to state secrets.

In the still valid Resolution of March 27, 1996 in the case of reviewing the constitutionality of Art. 21 of the Law of the Russian Federation “On State Secrets”, the Constitutional Court of the Russian Federation came to the conclusion that the refusal of the accused (suspect) to invite a lawyer of his choice on the grounds of the latter’s lack of access to state secrets, as well as the offer to the accused (suspect) to choose a lawyer from a certain circle lawyers who have such clearance, due to the spread of the provisions of Art. 21 of the Law of the Russian Federation “On State Secrets” in the sphere of criminal proceedings, unlawfully restrict the constitutional right of a citizen to receive qualified legal assistance and the right to independently choose a defense lawyer (Article 48 of the Constitution of the Russian Federation); the dependence of the accused’s choice of a lawyer on the latter’s access to state secrets also contradicts the principle of adversarial and equal rights of the parties in legal proceedings, enshrined in Art. 123 (part 3) of the Constitution of the Russian Federation [119].

The above legal position was formulated by the Constitutional Court of the Russian Federation in relation to the normative provisions governing the procedure of criminal proceedings, however, due to the universality of everyone’s right to qualified legal assistance (Part 1 of Article 48 of the Constitution of the Russian Federation) and the principles of adversarialism and equality of parties (Part 3 of Art. 123 of the Constitution of the Russian Federation) it can be extended to all other types of legal proceedings, and therefore to proceedings in courts of general jurisdiction in civil cases.

Consequently, the provisions of Art. Art. 21 and 21.1 of the Law of the Russian Federation “On State Secrets” cannot be used by courts, other bodies and officials as a basis for removing a lawyer representing the plaintiff from participation in the consideration of a case by a court of general jurisdiction in civil proceedings due to his lack of access to state secrets.

This legal position was confirmed by the Constitutional Court of the Russian Federation in the Determination of November 10, 2002 No. 314-O[120].

Thus, within the meaning of the current procedural legislation, the absolute basis for conducting a case in a closed court session is the need to maintain state secrets.

At the same time, the European Court of Human Rights takes a different position on this issue.

Thus, in the Judgment in the case “Belashev v. Russia”, the European Court indicated that it may be important for a state to preserve its secrets, but it is infinitely more important to ensure justice with all the required guarantees, of which one of the most essential is publicity. Before removing the public, courts must make specific findings that confidential proceedings are necessary to protect an important government interest and limit secrecy to the extent necessary to preserve that interest.[121]

Thus, in the opinion of the European Court of Human Rights, the need to preserve information constituting state secrets is not a basis for limiting the principle of publicity of judicial proceedings.

The second exception to the principle of publicity of judicial proceedings is based on the constitutional rights of citizens listed in Art. 23 of the Constitution of the Russian Federation, namely: everyone has the right to privacy, personal and family secrets, protection of honor and good name, privacy of correspondence, telephone conversations, postal, telegraph and other messages .

According to Art. 182 of the Code of Civil Procedure of the Russian Federation , in order to protect the secrecy of correspondence and telegraph messages, correspondence and telegraph messages of citizens can be read out and examined by the court in an open court session only with the consent of the persons between whom these correspondence and telegraph messages occurred. Without the consent of these persons, their correspondence and telegraph messages are read out and examined in a closed court session.

Therefore, in accordance with Part 2 of Article 10 of the Code of Civil Procedure of the Russian Federation, proceedings in closed court sessions are permitted even if the petition of a person participating in the case is satisfied and refers to the need to preserve commercial or other secrets protected by law, the inviolability of private life of citizens or other circumstances, the public discussion of which may interfere with the proper proceedings of the case or lead to the disclosure of these secrets or a violation of the rights and legitimate interests of a citizen.

Moreover, in accordance with paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 13, 2012 No. 35, a request to conduct a trial of the case in a closed court session can come not only from the person filing the petition in his own interests, and (or) from his representative, but also from persons who, by virtue of Articles 45, 46, 47 of the Code of Civil Procedure of the Russian Federation, are granted the right to act in defense of the rights and legitimate interests of other persons (for example, a prosecutor, a guardianship and trusteeship authority).

Conducting a trial in a closed court session on the grounds of preserving a trade secret is permitted if the owner of such information, who has filed a corresponding petition, has taken measures to protect its confidentiality in accordance with Article 10 of the Federal Law of July 29, 2004 N 98-FZ “On trade secret."

According to Article 3 of the Federal Law of July 29, 2004 No. 98-FZ “On Trade Secrets,” a trade secret is a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, and maintain a position in the market for goods, works, and services. or obtain other commercial benefit;

In accordance with Article 5 of the Federal Law “On Trade Secrets”, the trade secret regime cannot be established by persons engaged in business activities in relation to the following information:

1) contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers;

2) contained in documents giving the right to carry out entrepreneurial activities;

3) on the composition of the property of a state or municipal unitary enterprise, state institution and on their use of funds from the relevant budgets;

4) about environmental pollution, the state of fire safety, the sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of each citizen and the safety of the population as a whole;

5) on the number, composition of employees, the remuneration system, working conditions, including labor protection, indicators of industrial injuries and occupational morbidity, and the availability of vacant jobs;

6) about the debt of employers in payment of wages and other social benefits;

7) about violations of the legislation of the Russian Federation and facts of prosecution for committing these violations;

on the conditions of competitions or auctions for the privatization of state or municipal property;

9) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of gratuitous labor of citizens in the activities of a non-profit organization;

10) on the list of persons who have the right to act without a power of attorney on behalf of a legal entity;

11) the mandatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

The third exception to the principle of openness is provided for in Part 5 of Article 159 of the Code of Civil Procedure of the Russian Federation, according to which, in the event of a massive violation of order by citizens present at a court hearing, the court may remove citizens who are not participants in the process from the courtroom and consider the case in a closed court session . As follows from the content of this norm, a closed court hearing is held in this case due to a specific reason - a massive violation of order and is aimed at preventing the occurrence of such violations during further proceedings of the case. The protection of confidential information is not the purpose of this measure in this case. Despite the fact that holding a closed meeting acts here as a reaction to the massive violation by citizens of their duty to maintain order in a court hearing

According to paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 13, 2012 No. 35 on conducting a trial of a case in a closed court session, the court issues a reasoned ruling or resolution , which must indicate specific circumstances that prevent free access to the courtroom for persons who are not participants process, representatives of media editorial offices (journalists) (part 4 of article 10 of the Code of Civil Procedure of the Russian Federation, part 2 of article 24.3 of the Code of Administrative Offenses of the Russian Federation, parts 2 and 2.1 of article 241 of the Code of Criminal Procedure of the Russian Federation).

The conduct of the trial of the case in a closed court session is indicated in the minutes of the court session, if it is conducted by the court, and in the introductory part of the court decision adopted in the case.

In this case, information about the proceedings of the case in a closed court session must be publicly available.

Grounds for closed meetings

Most often, closed sessions are held in criminal proceedings. This is due, first of all, to the presence of more grounds than are provided for in civil and arbitration cases.

Grounds in criminal proceedings:

Consideration of the case may lead to the disclosure of secrets protected by law, for example, data constituting a state secret.
The crime was committed by persons under 16 years of age.
Consideration of the case can lead to the disclosure of intimate information about the lives of the participants in the process or information that degrades their dignity and honor.
It is necessary to ensure the safety of the participants in the process, their relatives or close persons.
It is necessary to disclose and examine the correspondence of certain persons, recordings of their telephone and other conversations, other messages, personal materials (photos, video, audio), but such persons have not given consent to this.

Grounds for a closed meeting in civil proceedings:

The case contains information representing a state secret or the secret of adoption.
At the request of an interested person, it is necessary to ensure the preservation of commercial or other secrets protected by law or the inviolability of private life, other circumstances, the open discussion of which may lead to their disclosure or violate the rights and interests of citizens.

In arbitration proceedings, the same grounds for closed hearings are established as in civil cases.

The law may establish other grounds for holding closed trials. This may be due to the identity or status of the participants in the process, the need to protect certain information, or to ensure security.

State secret

If it is likely that during the hearing information that is state will be affected. secret, such a case is considered behind closed doors.

For example, there was a murder of a military department employee. And it turned out that the reason was his professional activity, in particular, the development of a defense program. Since information about the program is important for the security of the country and is still available to a small circle of people among the developers, the hearing will be closed so as not to make the secret public ahead of time.

Based on paragraph 2 of Article 241 of the Code of Criminal Procedure of the Russian Federation, cases that are fraught with the disclosure of not only state, but also commercial, banking or other secrets protected by law are considered behind closed doors.

The accused is under 16 years old

Despite the fact that paragraph 1 of Article 20 of the Criminal Code states that criminal liability begins at 16 years of age, you can become a defendant earlier.

According to paragraph 2 of the mentioned article, you will have to answer for a number of crimes at the age of 14. These include terrorism, murder, rape, making explosives, hostage taking, and so on.

If the person who committed the crime is between 14 and 16 years old, then the consideration of the case will take place without prying eyes.

This is due to the fact that from the point of view of the law, a minor, even one who has committed an unlawful act, is a child. And it needs additional protection and the creation of gentle conditions for proceedings related to age-related mental characteristics.

Possible humiliation of human dignity

If a case is being heard about crimes that infringe on sexual freedom and personal integrity, then intimate details will certainly emerge. To avoid humiliation of human dignity, no one other than the participants is allowed to attend such meetings.

A striking example is rape cases. If the victim is forced to tell in detail who did what to her, then it is better if only the participants in the process hear it, and not a full hall of people.

Security at risk

The last exception to the principle of transparency is the risk of endangering the participants in the process or someone from their environment.

If the court hearing is open, then a relative of the accused will freely enter the courtroom. And nothing will stop him from going out into the street, following the witness whose testimony convinced the court of the guilt of his loved one, and taking revenge. For example, stealing a child. Or beat up the witness himself. Or commit murder.

If there are grounds to believe that the accused will be avenged, for the protection of witnesses the case is considered behind closed doors.

Closed hearing of criminal cases

When the court session is closed, the judge, the accused and victims or their representatives, lawyers and prosecutors remain in the courtroom from outside observers.

Witnesses, experts, translators and other persons, without whom a full-fledged trial is impossible, enter the room for the duration of the interrogation and then leave the room. Neither of them knows what the other told the court.

Article 241 of the Code of Criminal Procedure of the Russian Federation, dedicated to the principle of publicity, states in the first paragraph that the proceedings are carried out openly. Exceptions are listed in paragraph 2 of the same article of the Code of Criminal Procedure of the Russian Federation.

State secret

If it is likely that during the hearing information that is state will be affected. secret, such a case is considered behind closed doors.

The accused is under 16 years old

Despite the fact that paragraph 1 of Article 20 of the Criminal Code states that criminal liability begins at 16 years of age, you can become a defendant earlier.

If the person who committed the crime is between 14 and 16 years old, then the consideration of the case will take place without prying eyes.

Possible humiliation of human dignity

A striking example is rape cases. If the victim is forced to tell in detail who did what to her, then it is better if only the participants in the process hear it, and not a full hall of people.

Security at risk

The last exception to the principle of transparency is the risk of endangering the participants in the process or someone from their environment.

If there are grounds to believe that the accused will be avenged, for the protection of witnesses the case is considered behind closed doors.

Request for a closed trial

The transparency of the trial is guaranteed by Article 123 of the Russian Constitution. At the same time, guided by Article 23 of the country’s main law on privacy and personal life, you can submit a request to hold a meeting behind closed doors.

Also, the basis for filing a request for a closed hearing in criminal cases are the reasons specified in Article No. 241 of the Criminal Procedure Code: protection of participants in the process, the accused is a person under 16 years of age, the case materials contain secret information protected by law, the case under consideration is classified as a crime against sexual integrity.

Request to have the case heard in closed court. Download the form.

If the information contained in the case materials contains state secrets, medical secrets, private secrets, as well as information about children, the court may consider the case in a closed court session. Public discussion of such cases may interfere with the proper proceedings of the case or lead to the disclosure of these secrets and violation of the rights and legitimate interests of a citizen. A participant in the trial may also file a motion to have the case considered in a closed court session. In justification, one must refer to the need to preserve commercial or other secrets protected by law, the inviolability of private life of citizens or other circumstances.

B________________________ _____________________________ (name of the court) _____________________________ _____________________________ (mailing address) Plaintiff:________________________ _____________________________ _____________________________ _____________________________ (full name, address, telephone) Defendant:______________________________ _____________________________ _____________________________ _____________________________ (full name, address, telephone)

Request to hear the case in closed court

I was sued

to __________________________________________ (full name of the defendant)

o __________________________________________ (indicate the subject of the claim).

During the consideration of the case, persons present in the courtroom may become aware of the following information about the plaintiff: _________________________________________________________________________________________ ___________________________________________ (specify information).

This information cannot be disclosed to an indefinite circle of persons and directly affects the private life of the plaintiff. Disclosure of the specified information will lead to __________________________________________________________________________________________________ _____________________________________________________ (specify what it will lead to).

Based on the above and in accordance with Part 2 of Art. 10 Code of Civil Procedure of the Russian Federation,

ASK:

Consider the case under the claim of _____________________________________________________ (full name of the plaintiff) to __________________________________________ (full name of the defendant) about __________________________________________ (indicate the subject of the dispute)

in a closed court session.

“___” _________________ _____ /Date/

_____________ /Signature/ _______________________/F.I.O.
applicant/ Share with friends

Is it possible to lift the ban on publicity of criminal proceedings?

The openness of trials for criminal offenses is provided for in Article 241 of the Code of Criminal Procedure. According to this rule of law, during open court hearings, participants and citizens present can record the process using audio recording devices. Video recording and broadcast of a court hearing is carried out only with the permission of the chairman of the court.

Resolution of the Plenum of the Supreme Court No. 35 of 2012 “On openness and transparency of legal proceedings” in paragraph 22 draws the attention of the judiciary to the fact that in cases of transfer of a case to higher courts, the order of the hearing is determined by the court, regardless of the format in which the process was previously held.

Audio recording of the court hearing

It must be understood that previously, according to the Code of Criminal Procedure of the Russian Federation, this was only a right; from the moment the changes came into force, it became an obligation. In turn, the new state of affairs can benefit both the defense and the lawyers providing assistance. Trustees, victims.

“Previously, lawyers also had the right to make audio recordings in open court. But when the lawyer wrote comments and attached his audio recording, the court, as a rule, was critical of this,” says lawyer Evgeny Erlikhman.

Interestingly, with the new changes, in order to obtain the audio recording, the lawyer must now file a motion. Based on the audio recording made by the court, the lawyer has the right to submit comments.

“The court can no longer distrust such an audio recording. The lawyer can use the available data on this audio recording in the interests of his clients. Thus, comments on the minutes of the court hearing become more justified. The presiding officer, as before, will no longer be able to simply brush aside the defense’s comments,” says lawyer Evgeniy Erlikhman.

Comments on the protocol become more significant. A simple discrepancy between the protocol and the audio recording made by the court can no longer simply be ignored. This allows already at the stage of the trial in the court of first instance to significantly make life easier for the defense.

“Whether or not errors were made in the protocol does not matter. A link to the process record is sufficient. Moreover, now it is possible to reasonably compare the recording of the court verdict with the output text,” says lawyer Evgeniy Erlikhman.

Before the adoption of changes to the code, many defense attorneys noticed significant discrepancies between what happened in court and the text of the minutes of the meeting. Entire blocks of materials were missing, which could later become a weighty argument, for example, in an appellate court.

“What is written in the verdict must be voiced. Otherwise, we will be dealing with banal injustice towards the accused, to say the least. If the judicial system allows itself such discrepancies, then this is certainly a reason to cancel the verdict,” says lawyer Evgeniy Erlikhman.

There is only one conclusion. Now, thanks to the new changes, it will no longer be possible to simply add entire paragraphs and sentences that were not voiced to the text version of the verdict.

Procedural features of holding closed proceedings

Main:

The decision is made by the court on its own initiative, at the request of the participants in the process, and, if this is expressly stated in the law, only if there is a corresponding request from an interested person.
Any basis applied by the court must be specified and indicated in the court's decision to conduct closed proceedings. Persons who submit a petition are required to substantiate their request - not just provide a reason, but specify and justify it.
The process may be closed in whole or in part (only for certain meetings).
Except for the application of special rules and restrictions, closed hearings are conducted in the same way as open hearings.
In closed proceedings, the use of videoconferencing is prohibited. From September 1, 2021, Federal Law No. 265-FZ dated July 29, 2021, which makes some changes to the Code of Criminal Procedure, Civil Procedure Code and Arbitration Procedure Code, prohibits the use of audio recording devices.
Persons participating in a closed meeting are warned of responsibility for disclosing information that has become known to them. They have no right to distribute them in any way.

In practice, closed sessions differ from open ones, first of all, by the absence of outsiders who are neither participants in the process nor persons summoned to court (experts, specialists, witnesses). Thus, journalists and all those who simply came to watch and listen cannot be present here.

Despite the holding of closed sessions or completely closed proceedings in the case, the court's decision must be announced publicly. In order to keep certain information secret, the law allows the possibility of disclosing only the introductory and effective parts.

Grounds for holding a closed court hearing

When considering a criminal case behind closed doors, the court ruling must indicate the specific facts on which such a decision was made. The grounds for holding a closed trial are enshrined in paragraphs 1-4 of Article 241 of the Criminal Procedure Code.

Note!

In addition to the presence of restricted information in the case materials, the court will decide to hold a closed hearing if the accused is a person under 16 years of age.

Also, behind closed doors, the court considers cases under Article 18 of Chapter 1 of the Criminal Code of Russia “Crimes against sexual integrity and sexual freedom of the individual.” The information contained in these cases may contain information about the intimate lives of the participants in the process.

Public dissemination of this type of information can humiliate honor and dignity.

According to paragraph 4 of the norm of the criminal procedure code, the court will decide on a closed hearing to ensure the safety of the participants in the process and their loved ones.

Holding open meetings with restrictions

An open meeting presupposes the possibility of the presence of any persons, including representatives of the media.
Journalists are usually attracted to high-profile trials. Ordinary citizens often go to court out of curiosity or professional interest. In open meetings, those present have the opportunity to record the progress of the hearing, in particular, make audio and video recordings, make written notes, drawings, etc. Sometimes such actions interfere with legal proceedings. To limit the recording of meetings, the court has the right to establish a special ban. This does not make the process closed, but it cannot be called completely open either. Typically, courts refer to an obstacle to an objective examination of evidence, a threat to the safety of participants in the process, and a violation of their rights and legitimate interests. The use of technical means may create noise or other interference with the normal course of the process. This also sometimes appears in the grounds for establishing restrictions.

In order for the court to establish prohibitions or restrictions, a participant in the process may file a corresponding petition. But the final decision is up to the court. Quite often, judges do this so as not to create a stir due to the influx of visitors and journalists in high-profile cases. In this case, such persons are simply not allowed into the room where the hearing is taking place, citing the interference with the conduct of normal proceedings and the calm examination of evidence.

In general, closed meetings are considered a last resort. They are held infrequently. Mainly in criminal cases of sexual crimes, murders with particular cruelty, etc., as well as in almost all cases related to state secrets.

Announcement of the court decision

Even if the consideration took place in a closed meeting, the decision is announced openly.
In civil proceedings, there is only one exception to this rule - violation of the rights of minors. It is recorded in paragraph 8 of Article 10 of the Code of Civil Procedure of the Russian Federation. In a criminal case, it does not matter whether the public reading of the text of the verdict will influence its participants. Part 7 of Article 241 of the Criminal Procedure Code states that only the introductory and operative parts are publicly disclosed, everything else remains classified information.

Thus, the main goal of holding closed meetings is to ensure maximum psychological comfort for their participants and prevent violations of their civil rights, as well as to keep secret information that is not subject to disclosure.

Sources

https://www.9111.ru/questions/777777777776698/
https://RuLaws.ru/gpk-rf/Razdel-I/Glava-1/Statya-10/
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https://msu.tularegion.ru/press_center/prokuror-razyasnyaet/zakrytoe-s%D0%B2zasedanie-v-ugolovnom-protsesse/
https://law03.ru/crime/article/kogda-sudebnoe-zasedanie-mozhet-byt-zakryto
https://walaw.ru/pravo/zakrytoe-sudebnoe-zasedanie
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