Hello Olga!

Yes, such a requirement is legitimate and follows from the provisions of the law

Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights"
Article 46. Protection of the rights and legitimate interests of an indefinite range of consumers
The state supervision body, local self-government bodies, public associations of consumers (their associations, unions) have the right to bring claims to the courts for the termination of illegal actions of the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) in relation to an indefinite range of consumers.
When satisfying such a claim, the court obliges the offender to bring the decision of the court to the attention of consumers within the time period established by the court through the media or in any other way.
A court decision that has entered into legal force on recognizing the actions of a manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) as unlawful in relation to an indefinite number of consumers is mandatory for the court considering the consumer's claim for the protection of his rights arising from the onset of civil law consequences of actions manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer), regarding the questions whether such actions took place and whether they were committed by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer).
Simultaneously with the satisfaction of a claim brought by a public association of consumers (their association, union), local governments in the interests of an indefinite number of consumers, the court decides to reimburse the public association of consumers (their association, union), local governments for all legal costs incurred in the case, as well as other necessary expenses incurred prior to going to court and related to the consideration of the case, including expenses for conducting independent expertise in the event that, as a result of such an examination, a violation of the mandatory requirements for goods (works, services) is revealed.

Arbitrage practice

The Office of Rospotrebnadzor for the Novosibirsk Region filed a lawsuit in the interests of an indefinite number of consumers against Retail K-1 LLC, indicating that the Office of Rospotrebnadzor for the Novosibirsk Region during DD.MM.YY and from DD.MM.YY of the year systematically received appeals the fact of the sale of food products in the Maria-Ra chain of stores with an expired shelf life. The Office of Rospotrebnadzor in the Novosibirsk Region held unscheduled field checks in relation to Roznitsa K-1 LLC, during which the facts of the sale of food products with an expired shelf life were confirmed. Since the plaintiff systematically establishes the facts of violation of OOO Roznitsa K-1, Art. Art. 5, 7 Law Russian Federation“On Protection of Consumer Rights”, clause 8.24 of the sanitary rules SP 2.3.6.1066-01, which pose a threat of harm to the life or health of an indefinite number of consumers, the plaintiff asked to recognize the actions of Roznitsa K-1 LLC in selling expired goods as unlawful , oblige the defendant to stop illegal actions, oblige Retail K-1 LLC within the time limit established by the court on the basis of Art. 46 of the Law of the Russian Federation "On Protection of Consumer Rights" to bring the court decision to the attention of consumers through the media and inform the Rospotrebnadzor Department about this publication.
By the decision of the Zheleznodorozhny District Court of Barnaul, Altai Territory dated July 5, 2013 claim Rospotrebnadzor departments in the Novosibirsk region are satisfied.

July 5, 2016 at 02:36 pm

Roskomnadzor warned the Judicial Decisions portal for publishing a court decision

• Legislation in IT

St. Petersburg news agency "Judicial Decisions of the Russian Federation" received a warning from Roskomnadzor for publishing decisions Russian courts. If the agency continues to publish on its website open information from the websites of Russian courts, then Roskomnadzor threatens to blacklist the site judicial decisions.rf with information that is prohibited for distribution on the territory of the Russian Federation.

The story sounds like nonsense from a parallel reality: for the first time in history, the Russian media received a warning for verbatim reproduction of a judgment.

Unfortunately this is the actual practice. Russian legislation. In this case, Roskomnadzor refers to Article 4 of the Law of the Russian Federation "".

The article "Inadmissibility of abuse of freedom of the mass media" prohibits the use of mass media for the disclosure of secrets specially protected by law.

Article 4. Inadmissibility of abuse of freedom of the mass media

It is not allowed to use the mass media for the purpose of committing criminal acts, for disclosing information constituting state or other secrets specially protected by law, for disseminating materials containing public calls to carry out terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials, promoting pornography, a cult of violence and cruelty, and materials containing obscene language.

The concept of "secret" is quite multifaceted: see "List of regulations relating to the category of restricted access". This includes state secrets, commercial secrets, tax secret, banking secrecy, medical secrecy, notarial secrecy and so on. And among other things - personal data (any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data)).

Operators and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

Apparently, on the basis of this definition, Roskomandzor issued its warning.

The reason seems rather far-fetched. The administrators of the Judicial Decisions of the Russian Federation website are confident that Roskomnadzor is using a pretext to deliberately prevent journalists and the media from disseminating information about the participants in the trials.

Lawyers of the Judicial Decisions of the Russian Federation agency believe that some personal data - information about the facts, events and circumstances of the private life of a citizen, allowing him to identify his personality - in accordance with the Decree of the President of the Russian Federation belong to confidential information, but are not a secret in the legal sense of the word. In other words, Roskomnadzor is simply using legal tricks to stop the dissemination of information about court decisions that show the work of the Russian judicial system in an unsightly way.

The funny thing is that Roskomnadzor has no claims against the websites of the courts themselves, which publish court decisions in the public domain (indeed, these are rarely visited sites), but there are claims to the media that repost these messages from official sources!

It should be noted that in accordance with Article 38 of the same Law of the Russian Federation "On the Mass Media", citizens have the right to promptly receive reliable information about the activities through the media government agencies, local self-government bodies, organizations, public associations, their officials.

Moreover, in accordance with Article 38, the wording not responsible for disseminating information constituting an abuse of freedom of the media in the event that if this information is present in mandatory messages(which include court decisions against the editors) or they are contained in the materials of the press services of state bodies, organizations, institutions, enterprises, bodies of public associations.

Surprisingly, now the authorities (Roskomnadzor) are forced to protect the interests of former fraudsters and criminals, including those who committed crimes against the authorities and the state. This is a legal case.

If Roskomnadzor, after several warnings issued, blocks the Judicial Decisions website for publishing judgments, then this incident threatens to turn into real insanity.

“The principles of openness of legal proceedings and the need to publish the texts of court decisions with data on the participants in the proceedings are supported by everyone - both the servants of Themis themselves and human rights activists,” said Pavel Netupsky, editor-in-chief of the Judicial Decisions of the Russian Federation news agency. - Only employees of Roskomnadzor categorically do not accept the principle of freedom of speech. Moreover, they act in the interests of dubious personalities and create various “tricks” for journalists.”

Maybe the editor-in-chief is exaggerating a little about the “tricks”, but the actions of Roskomnadzor really look very strange.

“Created for the convenience of citizens, the site, thanks to which they do not have to comb the entire Runet in search of a court decision of interest to them, for some reason decided to subject the regulator to unreasonable pressure. We consider this to be another manifestation of censorship prohibited by the Constitution of the Russian Federation and we hope that the fact of issuing a warning to the Judicial Decisions website is just a mistake in the work of Roskomnadzor,” write human rights activists from the Center for Protection and Digital Rights and the RosKomSvoboda movement.

The Judicial Decisions of the Russian Federation agency considers the claims of Roskomnadzor illegal and stated that it is not going to remove any information from the published documents. Roskomnadzor's claims will be challenged in court.

We are also waiting for a comment from Roskomnadzor in connection with this situation.

Text Search

current

Document's name:
Document Number:	262-FZ
Type of document:	the federal law
Host body:	The State Duma
Status:	current
Published:
Acceptance date:	December 22, 2008
Effective start date:	01 July 2010
Revision date:	December 28, 2017

On ensuring access to information on the activities of courts in the Russian Federation (Articles 1 - 26)

THE RUSSIAN FEDERATION

THE FEDERAL LAW

On ensuring access to information on the activities of courts in the Russian Federation

Document as amended by:
(Russian newspaper, N 142, 07/01/2010) (entered into force on July 1, 2010);
(Rossiyskaya gazeta, N 153, 07/15/2011) (for the procedure for entry into force, see);
(Rossiyskaya Gazeta, N 159, 07/22/2011);
(Official Internet portal of legal information www.pravo.gov.ru, 03.07.2013);
(Official Internet portal of legal information www.pravo.gov.ru, December 23, 2013) (entered into force on January 1, 2014);
(Official Internet portal of legal information www.pravo.gov.ru, 03/12/2014) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 04/05/2016, N 0001201604050059);
(Official Internet portal of legal information www.pravo.gov.ru, 06/23/2016, N 0001201606230077, Rossiyskaya Gazeta, N 140, 06/29/2016) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/30/2017, N 0001201707300050);
(Official Internet portal of legal information www.pravo.gov.ru, December 29, 2017, N 0001201712290012) (entered into force on January 1, 2018).
____________________________________________________________________

Chapter 1. General Provisions (Articles 1 - 8)

Article 1. Basic concepts used in this Federal Law

For the purposes of this federal law the following basic concepts are used:

1) request - the user's request for information in oral or written form, including in the form electronic document, to the courts, the Judicial Department at Supreme Court of the Russian Federation (hereinafter referred to as the Judicial Department), departments of the Judicial Department in the constituent entities of the Russian Federation (hereinafter referred to as the bodies of the Judicial Department), bodies of the judiciary on providing information on the activities of the courts in the Russian Federation (hereinafter referred to as information on the activities of the courts);
Federal Law No. 29-FZ of March 12, 2014.

2) information on the activities of the courts - information prepared within their powers by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary or received by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary and related to the activities of the courts. The legislation of the Russian Federation that establishes the procedure for judicial proceedings, the powers and procedures for the activities of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, judicial acts on specific cases and other acts regulating issues of the activities of courts, also refer to information on the activities of courts;

3) user of information - a citizen (individual), organization (legal entity), public association, public authority or local government, searching for information about the activities of the courts;

4) judicial act - a decision rendered in the form established by the relevant law on the merits of the case, considered in the exercise of constitutional, civil, administrative or criminal proceedings or proceedings in an arbitration court. Judicial acts also include decisions of the courts of appellate, cassation and supervisory instances, issued in the form established by the relevant law on the basis of the results of consideration of appeals or cassation complaints (representations) or revision of court decisions by way of supervision;

5) courts - federal courts, constitutional (charter) courts of constituent entities of the Russian Federation and justices of the peace of constituent entities of the Russian Federation (hereinafter referred to as justices of the peace) that make up the judicial system of the Russian Federation;

6) a single information space of federal courts and justices of the peace - a set of information interaction between the Supreme Court of the Russian Federation, federal courts, justices of the peace, bodies of the judiciary and the system of the Judicial Department of databases and data banks, technologies for their maintenance and use, information systems and information telecommunication networks functioning on the basis of uniform principles and general rules;
(The item is additionally included from August 2, 2011 Federal Law No. 240-FZ of July 18, 2011 Federal Law No. 29-FZ of March 12, 2014.

7) delayed broadcast of a court session - broadcast of a court session on radio, television or in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet"), carried out after the court session in a recording;
Federal Law No. 223-FZ of July 29, 2017)

8) live broadcast of a court session - broadcast of a court session on radio, television or on the Internet, carried out directly during an open court session in real time;
(The item is additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)

9) partial broadcasting of a court session - broadcasting of a part of a court session on radio, television or on the Internet, carried out after the court session in a recording.
(The item is additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)

Article 2. Scope of this Federal Law

1. This Federal Law shall apply to relations connected with providing information users with access to information about the activities of courts.

2. If the legislation of the Russian Federation, which establishes the procedure for legal proceedings, the powers and procedures for the activities of courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary, or the legislation of the constituent entities of the Russian Federation, which establishes the powers and procedures for the activities of constitutional (charter) courts of the constituent entities of the Russian Federation and justices of the peace , provides for other requirements for the provision of information on the activities of the courts than those defined by this Federal Law, then the provisions of this Federal Law shall apply subject to the requirements of the legislation of the Russian Federation, and in relation to information on the activities of constitutional (charter) courts of the constituent entities of the Russian Federation and justices of the peace - also the legislation of subjects of the Russian Federation.

3. This Federal Law shall apply to relations connected with the provision of information about the activities of courts to the editorial offices of the mass media, to the extent not regulated by the legislation of the Russian Federation on mass media.

4. This Federal Law does not apply to:

1) the procedure for the implementation of constitutional, civil, administrative and criminal proceedings, proceedings in an arbitration court, the procedure for proceedings in the qualification boards of judges;

2) the procedure for the execution of judicial acts;

3) relations related to ensuring access to personal data processed by courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary;

4) the procedure for information interaction carried out by the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary.

Article 3. Legal regulation of relations related to ensuring access to information on the activities of the courts

1. Legal regulation relations related to ensuring access to information about the activities of the courts is carried out in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws establishing the procedure for legal proceedings, the powers and procedures for the activities of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, this Federal Law, other federal laws, and in relation to constitutional (charter) courts of the constituent entities of the Russian Federation and world judges - also by the legislation of subjects of the Russian Federation. Legal regulation of relations related to ensuring access to information about the activities of the courts is also carried out by the regulations of the courts and (or) other acts regulating the internal activities of the courts, acts of the Judicial Department, acts of the bodies of the judiciary.

2. If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, then the rules of the international treaty shall apply.

Article 4. Basic principles for ensuring access to information on the activities of the courts

The main principles for ensuring access to information on the activities of the courts are:

1) openness and accessibility of information about the activities of the courts, with the exception of cases provided for by the legislation of the Russian Federation;

2) the reliability of information on the activities of the courts and the timeliness of its provision;

3) freedom to search, receive, transfer and disseminate information about the activities of the courts in any legal way;

4) observance of the rights of citizens to privacy, personal and family secrets, protection of their honor and business reputation, the rights of organizations to protect their business reputation; observance of the rights and legitimate interests of the participants in the trial when providing information about the activities of the courts;

5) non-interference in the administration of justice when providing information on the activities of the courts.

Article 5. Information on the activities of the courts, access to which is limited

1. Access to information about the activities of the courts is restricted if the said information is classified, in accordance with the procedure established by federal law, as information constituting a state or other secret protected by law.

2. The list of information related to restricted access information, as well as the procedure for classifying the specified information as restricted access information, are established by federal law.

Article 6. Ways to ensure access to information on the activities of the courts

Access to information about the activities of the courts is provided in the following ways:

1) the presence of citizens (individuals), including representatives of organizations (legal entities), public associations, state authorities and local governments, in an open court session;

3) posting information about the activities of courts on the Internet;
(Item as amended as of July 26, 2011 Federal Law No. 200-FZ of July 11, 2011; as amended from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017.

4) placement of information about the activities of the courts in the premises occupied by the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judicial community;

5) familiarization of information users with information about the activities of the courts, located in archival funds;

6) providing information users, upon their request, with information on the activities of the courts;

7) broadcasting open court hearings on the Internet in accordance with this Federal Law and other federal laws.
(The item is additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)

Article 7. Form of providing information on the activities of the courts

1. Information about the activities of the courts may be provided orally and in the form of documented information, including in the form of an electronic document.

2. The form for providing information on the activities of the courts is provided for by the legislation of the Russian Federation, which establishes the procedure for judicial proceedings, the powers and procedure for the activities of the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary, this Federal Law, other federal laws, and in relation to constitutional (charter) courts subjects of the Russian Federation and justices of the peace - also by the legislation of the subjects of the Russian Federation. The form of providing this information may be provided for by the regulations of the courts and (or) other acts regulating the internal activities of the courts, acts of the Judicial Department, acts of the bodies of the judiciary. If the form of providing information on the activities of the courts is not provided, it may be determined by the request of the information user. If it is impossible to provide the specified information in the requested form, the information is provided in the form in which it is available in the court, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary.

3. Information about the activities of the courts is provided orally to citizens (individuals), including representatives of organizations (legal entities), public associations, state authorities and local governments, during the reception. The specified information is also provided by the phones of the relevant structural divisions of the apparatuses of the courts, the Judicial Department, the bodies of the Judicial Department, the offices of the judicial community (if any) or by the phones of authorized officials.

4. Information about the activities of courts may be transmitted via public communication networks.

Article 8. Rights of Information Users

The information user has the right:

1) receive reliable information about the activities of the courts;

2) not justify the need to obtain the requested information on the activities of the courts, access to which is not limited;

3) to appeal in accordance with the procedure established by law the actions (inaction) of officials that violate the right to access information about the activities of the courts and the established procedure for its implementation;

4) demand, in accordance with the procedure established by law, compensation for the damage caused by the violation of his right to access information about the activities of the courts.

Chapter 2. Organization of access to information on the activities of courts and basic requirements for ensuring access to this information (Articles 9 - 11)

Article 9. Organization of access to information on the activities of the courts

1. Access to information about the activities of the courts is provided within their powers by the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary. In the cases provided for by this Federal Law and other federal laws, access to information about the activities of the courts, available in the bodies of the judiciary, is provided by the Judicial Department and the bodies of the Judicial Department.

2. The courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary, in order to organize access to information about the activities of the courts, determine the relevant structural divisions of their apparatuses or authorized officials. The rights and obligations of the said subdivisions and officials are established respectively by the regulations of the courts and (or) other acts regulating the internal activities of the courts, acts of the Judicial Department, acts of the bodies of the judiciary.

3. The organization of access to information about the activities of the courts is carried out taking into account the requirements of this Federal Law in the manner established within its powers. Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department, the bodies of the judiciary, and in relation to the constitutional (charter) courts of the constituent entities of the Russian Federation - the constituent entities of the Russian Federation.
Federal Law No. 29-FZ of March 12, 2014.

Article 10

Federal Law No. 200-FZ of July 11, 2011

1. The courts, the Judicial Department, the bodies of the Judicial Department use the Internet to post information about the activities of the courts, in which they create their official websites with addresses Email to which the request can be sent. If the court does not have an official website and the ability to post information about its activities on the Internet, this information may be posted on the official website of the Judicial Department body in the constituent entity of the Russian Federation on whose territory this court is located.
(Part as amended as of August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

1_1. Measures to form a single information space of federal courts and justices of the peace are carried out by the Judicial Department and the bodies of the Judicial Department.
(Part additionally included from August 2, 2011 Federal Law No. 240-FZ of July 18, 2011; as amended from August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

2. The procedure for creating official websites, posting information on the activities of the courts on them, the timing of updating this information, taking into account the requirements of this Federal Law, are established within their powers by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department, and in relation to constitutional (charter) courts of the subjects of the Russian Federation - subjects of the Russian Federation.
(Part as amended as of August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

3. In order to ensure the right of an unlimited circle of persons to access the information specified in paragraph 1 of this article, in places accessible to information users (in the premises of state authorities, local governments, state and municipal libraries, and other places accessible to the public) , points of connection to the Internet can be created (part as amended, effective from July 26, 2011 Federal Law No. 200-FZ of July 11, 2011.

4. In order to ensure the right of users of information to access the information specified in paragraph 1 of this article, the courts, the Judicial Department, the bodies of the Judicial Department take measures to protect it in accordance with the legislation of the Russian Federation.

5. Requirements for technological, software and linguistic means to ensure the use of official sites are established within their powers by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department. For justices of the peace, these requirements are established by the Judicial Department, for constitutional (charter) courts of the constituent entities of the Russian Federation - in the manner prescribed by the legislation of the constituent entities of the Russian Federation.
(Part as amended as of August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

Article 11. Basic requirements for ensuring access to information on the activities of the courts

The main requirements for ensuring access to information about the activities of the courts are:

1) the reliability of the information provided on the activities of the courts;

2) compliance with the terms and procedure for providing information on the activities of the courts;

3) removal from the provided information about the activities of the courts of information, access to which is limited;

4) creation of organizational, technical and other conditions necessary for the exercise of the right to access information about the activities of the courts, as well as the creation of state information systems;

5) taking into account the costs associated with providing access to information about the activities of the courts, when planning budget financing courts, the Judicial Department, bodies of the Judicial Department.

Chapter 3. Provision of information on the activities of the courts (Articles 12 - 20)

Article 12. Presence in court sessions

1. Citizens (individuals), including representatives of organizations (legal entities), public associations, state authorities and local self-government bodies, have the right to be present in an open court session, as well as to record the progress of the trial in the manner and forms that are provided the legislation of the Russian Federation.

2. The procedure for the access of the persons referred to in paragraph 1 of this article to courtrooms, premises occupied by courts shall be established by court regulations and (or) other acts regulating issues of the internal activities of courts.

Article 13. Publication (publication) of information on the activities of courts

1. Promulgation (publication) of information about the activities of courts in the mass media is carried out in accordance with the legislation of the Russian Federation on mass media, except for the cases provided for by part 2 of this article.

2. If the legislation of the Russian Federation, which establishes the procedure for legal proceedings, the powers and procedure for the activities of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary, and in relation to constitutional (charter) courts of the constituent entities of the Russian Federation, the legislation of the constituent entities of the Russian Federation provides for requirements for the publication of judicial acts and other information about the activities of the courts, then the publication of judicial acts and the specified information is carried out in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.

Article 14. Information about the activities of the courts posted on the Internet

(name as amended as of July 26, 2011 Federal Law No. 200-FZ of July 11, 2011

1. Placed on the Internet (paragraph as amended from July 26, 2011 Federal Law No. 200-FZ of July 11, 2011 :

1) general information about the court:

a) the name of the court, the name of the judicial district, on the territory of which the jurisdiction of the court extends, postal address, e-mail address (if any), telephone number where information of a reference nature can be obtained;

b) the organizational structure of the court - the plenum of the court, the presidium of the court, chambers of the court, judicial collegiums, permanent judicial presences, advisory and (or) advisory bodies (if any), as well as structural divisions of the court apparatus;

c) powers of the court;

d) a list of laws regulating the activities of the court;

e) court regulations, instructions on office work in court and other acts regulating issues of the internal activities of the court;

f) last names, first names and patronymics of the chairman of the court, deputy chairman of the court, judges, head of the court apparatus, and with the consent of the said persons - other information about them; grounds for empowering the chairman of the court, deputies of the chairman of the court, judges;

g) lists of information systems and data banks administered by the court (if any);

h) the name of the mass media established by the court (if any);

2) information related to the consideration of cases in court:

a) requirements for the form and content of documents used when applying to the court, and (or) samples of these documents, the procedure for submitting these documents to the court;

b) information on the amount and procedure for payment state duty by categories of cases to be considered in court;

c) information about the cases pending in court: case registration numbers, their names or the subject of the dispute, information about the participants in the trial, information about the progress of cases in court, as well as information about the issuance of judicial acts based on the results of the consideration of cases (scheduled for hearing with an indication of the date , time and place of the court session, considered, postponed, suspended, terminated, a settlement agreement was concluded, the application was left without consideration, otherwise, taking into account the peculiarities of the relevant legal proceedings). Information about the participants in the trial is posted on the Internet, taking into account the requirements provided for in Article 15 of this Federal Law;
(Subparagraph as amended, entered into force on August 10, 2017 Federal Law No. 223-FZ of July 29, 2017.

d) the texts of judicial acts posted subject to the requirements provided for in Article 15 of this Federal Law, information about their appeal and the results of such an appeal, and when judicial acts are published, information about the sources of their publication;

e) the procedure for appealing judicial acts;

f) clarifications, summaries and reviews on issues judicial practice consideration by courts of cases;

g) the procedure for familiarization with the case materials of the persons participating in the case;

h) phone numbers where you can get information of a reference nature, including the progress of cases in court;

i) information on non-procedural appeals received by judges on cases pending by them, or to the chairman of the court, his deputy, chairman judicial composition or the chairman of the judicial collegium in cases under court proceedings, including the content of non-procedural appeals and information about their subjects;

j) information about the broadcast of court hearings on the Internet with links to the name of the mass media or website on the Internet through which the broadcast was carried out;
(Sub-item additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)
(The item is additionally included from July 14, 2013 Federal Law No. 166-FZ of July 2, 2013)

3) texts of draft normative legal acts submitted by courts to legislative (representative) bodies of state power (for courts that are subjects of the right of legislative initiative);

4) data of judicial statistics provided in the amount established within their powers by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Judicial Department;
(Paragraph as amended, entered into force on August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

5) information about staffing ships:

a) the procedure for empowering judges, the requirements for candidates for the position of a judge and the procedure for their selection;

b) information about the vacant position of a judge, vacant positions public service in the apparatus of the court;

c) the procedure for the entry of citizens into the civil service in the apparatus of the court, qualification requirements to candidates for filling vacant civil service positions in the court apparatus;

d) the conditions for holding and the results of competitions for filling vacant civil service positions in the court apparatus;

e) phone numbers where you can get information on filling a vacant position of a judge, vacancies in civil service in the court apparatus;

6) information on the procedure and time of reception of citizens (individuals), including representatives of organizations (legal entities), public associations, state authorities and local governments, the procedure for considering their appeals on issues of organizing the activities of the court, complaints against actions (inaction ) judges or employees of the court apparatus, not related to the consideration of specific cases, appeals against judicial acts and procedural actions of judges, as well as a telephone number where information of a reference nature can be obtained;

7) information on the procurement of goods, works, services for the needs of the courts in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(Paragraph as amended, entered into force on August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

1_1. Information on the staffing of the court apparatus, specified in subparagraphs "b" - "e" of paragraph 5 of part 1 of this article, is also posted on the official website of the  federal state information system in the field of civil service  on the Internet in the manner determined by the Government of the Russian Federation.
(Part additionally included from January 1, 2014 Federal Law No. 366-FZ of December 21, 2013; as amended as of January 1, 2018 Federal Law No. 423-FZ of December 28, 2017.

2. The Constitutional Court of the Russian Federation, along with the information specified in paragraph 1 of this article, places on its official website the message of the Constitutional Court of the Russian Federation to the Federal Assembly of the Russian Federation on the state of constitutional legality in the Russian Federation.

3. The Supreme Court of the Russian Federation, along with the information specified in paragraph 1 of this article, places on its official website information about the judicial system of the Russian Federation.
(Part as amended as of August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

4. The Judicial Department places on the Internet (paragraph as amended from 26 July 2011 Federal Law No. 200-FZ of July 11, 2011 :

1) general information about the Judicial Department:

a) powers and structure of the Judicial Department, postal address, e-mail address, telephone number where information of a reference nature can be obtained;

b) a list of normative legal acts regulating the activities of the Judicial Department;

c) a list of bodies of the Judicial Department, their powers, as well as postal addresses, e-mail addresses, telephone numbers of information services of the bodies of the Judicial Department;

d) last names, first names and patronymics of the General Director of the Judicial Department under the Supreme Court of the Russian Federation, deputies General Director of the Judicial Department under the Supreme Court of the Russian Federation and heads of bodies of the Judicial Department, and with the consent of the said persons - other information about them;

e) federal targeted programs and other programs on the development of the judicial system of the Russian Federation (if any);

f) lists of information systems and databanks administered by the Judicial Department;

2) information about the bodies of the judiciary:

a) a list of bodies of the judiciary operating on the territory of the Russian Federation and their powers;

c) decisions of the High Qualifications Board of Judges of the Russian Federation on the suspension, renewal or termination of the powers of judges of the respective courts, the qualification certification of judges, as well as information on the imposition of disciplinary sanctions on them.

5. The Judicial Department, along with the information specified in paragraph 4 of this article, places on the Internet Federal Law No. 200-FZ of July 11, 2011 :

1) annual reports Director General of the Judicial Department under the Supreme Court of the Russian Federation on the activities of the Judicial Department, submitted to the Chairman of the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation and the All-Russian Congress of Judges;

2) reviews of the activities of the courts, data of judicial statistics published in the media in accordance with the acts regulating the activities of the Judicial Department for the maintenance of judicial statistics;
(Paragraph as amended, entered into force on August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

3) information on the procurement of goods, works, services for the needs of the courts in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
(Paragraph as amended, entered into force on August 6, 2014 Federal Law No. 29-FZ of March 12, 2014.

6. The body of the Judicial Department places on the Internet Federal Law No. 200-FZ of July 11, 2011 :

1) general information about the body of the Judicial Department:

a) the name, powers and structure of the body of the Judicial Department, postal address, e-mail address, telephone number of the inquiry service of the body of the Judicial Department;

b) a list of normative legal acts regulating the activities of the body of the Judicial Department;

c) last names, first names and patronymics of the head of the body of the Judicial Department, deputies of the head of the body of the Judicial Department, and with the consent of the said persons - other information about them;

2) information about the bodies of the judiciary operating on the territory of the relevant subject of the Russian Federation:

a) a list of bodies of the judiciary and their powers;

b) a list of normative legal acts regulating the activities of the bodies of the judiciary;

c) decisions of the qualification board of judges of the corresponding subject of the Russian Federation on the suspension, renewal or termination of the powers of judges of the relevant courts, qualification certification of judges, as well as information on the imposition of disciplinary sanctions on them.

7. Placement on the Internet of the information provided for by this article must be carried out within a time frame that ensures the timely implementation and protection of information users of their rights and legitimate interests Federal Law No. 200-FZ of July 11, 2011.

Article 15

(name as amended as of July 26, 2011
Federal Law No. 200-FZ of July 11, 2011

1. The texts of judicial acts, with the exception of sentences and judicial acts of arbitration courts, are posted on the Internet within a reasonable time, but no later than one month after the day they are adopted in final form. The texts of the verdicts are posted no later than one month after the day they enter into force. The texts of judicial acts of arbitration courts are posted on the Internet no later than the next day after the day of their adoption.
Federal Law No. 223-FZ of July 29, 2017.

2. The texts of judicial acts subject to publication in accordance with the law, as well as the texts of other judicial acts issued by the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation, the Supreme Court of the Russian Federation in cases considered in accordance with the arbitration procedural legislation, arbitration courts, with the exception of the texts of judicial acts specified in part 6 of this article, are posted on the Internet in full.
(Part as amended as of August 10, 2017 Federal Law No. 223-FZ of July 29, 2017.

3. When placing on the Internet texts of judicial acts adopted by courts of general jurisdiction, the Supreme Court of the Russian Federation, with the exception of the texts of judicial acts adopted by the Supreme Court of the Russian Federation in accordance with the arbitration procedural legislation, in order to ensure the safety of participants in the trial and protect state and other secrets protected by law, personal data specified in part 4 of this article are excluded from these acts. Instead of excluded personal data, initials, pseudonyms and other designations are used that do not allow identifying the participants in the trial. The identification number of a taxpayer - an individual entrepreneur, the main state registration number of an individual entrepreneur, the last names, first names and patronymics of the plaintiff, defendant, third party, civil plaintiff, civil defendant, administrative plaintiff, administrative defendant, interested person, person in respect of whom proceedings on administrative offense, surnames, first names and patronymics of the convicted, acquitted, court session secretary, judge (judges) who considered the case, as well as the prosecutor, lawyer and representative. When placing on the Internet the texts of judicial acts adopted by the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation, personal data specified in paragraph 4 of this article are excluded from them, except for the surnames, names and patronymics of the applicants, representatives of the parties, representatives of state bodies, experts and specialists invited to the meeting. In exceptional cases, in order to ensure the safety of the applicant and (or) his representative, the Constitutional Court of the Russian Federation, the constitutional (charter) court of the constituent entity of the Russian Federation, at the request of the applicant or his representative, or on his own initiative, may decide to exclude their personal data and use instead of the excluded personal data of initials, pseudonyms or other designations that do not allow identification of the applicant and (or) his representative.
(Part as amended as of August 10, 2017 Federal Law No. 223-FZ of July 29, 2017.

4. Personal data in relation to judicial acts are:

1) last names, first names and patronymics of the participants in the trial, date and place of birth, place of residence or stay, telephone numbers, details of a passport or other identification document, taxpayer identification number - individual, the main state registration number of an individual entrepreneur, the insurance number of an individual personal account;

2) location information land plot, buildings, structures, residential buildings, apartments, vehicle, other information about the property and about those in banks or other credit institutions cash participants in the trial, if this information relates to the merits of the case.
(Part as amended as of August 10, 2017 Federal Law No. 223-FZ of July 29, 2017.

5. The texts of judicial acts issued in cases are not subject to placement on the Internet (paragraph in the wording put into effect on July 26, 2011 Federal Law No. 200-FZ of July 11, 2011 :

1) affecting the security of the state;

2) arising from family legal relations, including in cases of adoption (adoption) of a child, other cases affecting the rights and legitimate interests of minors;

3) on crimes against sexual inviolability and sexual freedom of a person;

4) on limiting the legal capacity of a citizen or on recognizing him as incapacitated;

5) on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination;

6) on the introduction of corrections or changes in the record of acts of civil status;

7) on the establishment of facts of legal significance, considered by courts of general jurisdiction;

8) Resolvable in order Article 126 of the Civil Procedure Code of the Russian Federation , Article 123_5 of the Code of Administrative Procedure of the Russian Federation.
(The item is additionally included from July 1, 2010 Federal Law No. 123-FZ of June 28, 2010; as amended from May 6, 2016 Federal Law No. 103-FZ of April 5, 2016.

6. When placing on the Internet the texts of judicial acts that provide for provisions that contain information constituting a state or other secret protected by law, these provisions are excluded from the texts of judicial acts.
Federal Law No. 223-FZ of July 29, 2017)

7. The procedure for posting judicial acts on the Internet, as well as the terms for storing judicial acts in information system courts establish within their powers the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department.
(Part additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)

Article 15_1. Features of broadcasting court hearings on radio, television and on the Internet

1. Broadcasting of an open court session on radio, television and on the Internet is allowed with the permission of the court in accordance with the procedural legislation of the Russian Federation. Broadcasting of an open court session of the Constitutional Court of the Russian Federation on radio, television and on the Internet is allowed in accordance with Federal constitutional law of July 21, 1994 N 1-FKZ "On the Constitutional Court of the Russian Federation".

2. The decision on the admissibility of broadcasting a court session is determined by the court, taking into account the interests of justice, ensuring the safety of participants in legal proceedings, and preventing the disclosure of information classified in accordance with the procedure established by federal law as information constituting a state or other secret protected by law.

3. Live broadcasts of a court session, delayed broadcasts of a court session and partial broadcasts of a court session may be carried out on radio, television and on the Internet.

4. The procedure for organizing and conducting in court the broadcast of court hearings on radio, television and on the Internet is established by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department.

5. Court sessions related to the consideration of cases specified in Part 5 of Article 15 of this Federal Law, as well as closed court sessions are not subject to broadcast on radio, television and on the Internet.
(The article is additionally included from August 10, 2017 Federal Law No. 223-FZ of July 29, 2017)

Article 16

1. In the premises occupied by courts, information stands and (or) technical means of a similar purpose are placed in places accessible to visitors to familiarize users with current information on the activities of the relevant court, which should contain:

1) the procedure for the work of the court, including the procedure for receiving citizens (individuals), including representatives of organizations (legal entities), public associations, state authorities and local governments, on issues related to the consideration of cases in court, and other issues, relating to the activities of the court;

2) information about the date, time, place and subject of the court session in cases scheduled for hearing;

3) the procedure for attending a court session and the measures taken against violators, the procedure for admission to the halls of the court session and the premises occupied by courts;

4) conditions and procedure for obtaining information about the activities of the court;

5) other information necessary for promptly informing users of information.

2. In the premises occupied by the Judicial Department, bodies of the Judicial Department, bodies of the judicial community, information stands and (or) technical means of a similar purpose are placed in places accessible to visitors to familiarize users with information about the conditions and the procedure for obtaining information about the activities of the courts, as well as other information necessary for promptly informing users of information.

Article 17

Familiarization of users with information about the activities of the courts, located in archival funds, is carried out in the manner established by the legislation of the Russian Federation on archiving and other regulatory legal acts adopted in accordance with it, and with information about the activities of constitutional (charter) courts of the constituent entities of the Russian Federation and justices of the peace - also in the manner established by the legislation of the constituent entities of the Russian Federation and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with it.

Article 18. Request for information on the activities of the courts

1. The user of information has the right to apply to the court, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary with a request that can be sent by him directly or by his representative, whose powers are formalized in the manner established by the legislation of the Russian Federation.

2. The request shall indicate the postal address, telephone and (or) fax number or e-mail address for sending a response to the request or clarifying the content of the request, as well as the last name, first name and patronymic of the citizen (individual) or the name of the organization ( legal entity), a public association, a public authority, a local self-government body requesting information on the activities of courts. Anonymous requests are not considered. The request, drawn up in writing, shall also indicate the name of the relevant court, the Judicial Department, the name of the relevant body of the Judicial Department or the body of the judiciary to which the request is sent, or the surname and initials or position of the relevant official.

3. The request is registered with the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary in the manner and terms established by the acts regulating the issues of record keeping, respectively, in the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary.

4. The request is subject to consideration within thirty days from the date of its registration, unless otherwise provided by the legislation of the Russian Federation. If the provision of the requested information is impossible within the specified period, within seven days from the date of registration of the request, the information user is notified of the delay in responding to the request, indicating its reason and the period for providing the requested information, which cannot exceed fifteen days beyond the period established by this Federal Law. to answer a request.

5. If the request does not relate to the activities of the court, the Judicial Department, the body of the Judicial Department or the body of the judiciary to which the request is sent, then the information user who sent the request is informed about this within seven days from the date of registration of the request. The possibility of forwarding a request is established by acts regulating the issues of office work in courts, the Judicial Department, bodies of the Judicial Department, and bodies of the judiciary, respectively.

6. Courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary have the right to clarify the content of the request in order to provide the information user with the necessary information about the activities of the courts.

7. The requirements of this Federal Law for a request in writing and a response to it shall apply to a request received by a court, the Judicial Department, an organ of the Judicial Department via the Internet, as well as to a response to such a request (part as amended by since July 26, 2011 Federal Law No. 200-FZ of July 11, 2011.

Article 19. Procedure for providing information on the activities of courts upon request

1. The response to the request must contain the requested information or a reasoned refusal to provide such information. The response to the request shall indicate the name, postal address of the court, the Judicial Department, the body of the Judicial Department, the body of the judiciary, the position of the person who signed the response, as well as the details of the response to the request (registration number and date). Response to a request submitted to in electronic format, may be sent in electronic form, including in the form of an electronic document signed by officials authorized to sign these documents executed on hard copy, electronic signature in accordance with the legislation of the Russian Federation, unless the request specifies another way to receive a response.
(Part as amended as of January 1, 2017 Federal Law No. 220-FZ of June 23, 2016.

2. When requesting information about the activities of the courts, published in the media or posted on the Internet, in response to a request, the court, the Judicial Department, the body of the Judicial Department, the body of the judiciary may limit themselves to indicating the name, release date and number of the mass media , in which the requested information is published, and (or) the electronic address of the official website on which the requested information is posted (part as amended, effective from July 26, 2011 Federal Law No. 200-FZ of July 11, 2011.

3. If the requested information on the activities of the courts refers to information of restricted access, the response to the request shall indicate the type, name, number and date of adoption of the act, according to which access to this information is restricted. If part of the requested information refers to restricted access information, and the rest of the information is publicly available, the requested information is provided, with the exception of restricted access information.

4. Responses to requests are subject to mandatory registration with the courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary.

5. Information about the activities of the courts is provided free of charge, unless otherwise provided by the legislation of the Russian Federation.

Article 20

1. Information about the activities of the courts is not provided in cases where:

2) the request does not contain a postal address, e-mail address or fax number for sending a response to the request or a telephone number by which you can contact the information user who sent the request;

3) the requested information does not relate to the activities of the court, the Judicial Department, the body of the Judicial Department, the body of the judiciary, to which the request was received;

6) the provision of the requested information does not allow ensuring the safety of the participants in the trial;

8) the request raises the question of interpreting a rule of law, clarifying its application or legal assessment of judicial acts, developing a legal position on a request, conducting an analysis of judicial practice or performing other analytical work on request that is not directly related to protecting the rights of the information user who sent the request.

2. Courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary have the right not to provide information about the activities of the courts upon request, if this information is published in the media or posted on the official websites of the courts, the Judicial Department, bodies of the Judicial Department.

Chapter 4. Interaction of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary with media editorial offices (Articles 21-23)

Article 21

1. The interaction of the courts, the Judicial Department, the bodies of the Judicial Department, the bodies of the judiciary with the editorial offices of the media is carried out in order to objectively, reliably and promptly inform users of information about the activities of the courts.

2. Interaction of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary with media editorial offices may include:

1) Free access representatives of the editorial offices of the media in the premises of the courts, where information about the activities of the courts is posted, as well as their presence in open court hearings;

2) the presence of representatives of the editorial offices of the media at meetings of the bodies of the judiciary in the manner prescribed by the acts regulating the activities of these bodies;

3) provision of information on the activities of the courts at the request of the editors of the mass media;

4) informational coverage of the activities of the courts, including the issues of improving the legislation governing these activities;

5) participation of representatives of courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary in press conferences and other joint events with representatives of the media editorial offices;

6) accreditation in courts, the Judicial Department, bodies of the Judicial Department, bodies of the judiciary community of representatives of the editorial offices of the media;

7) other forms of interaction that ensure that users are informed about the activities of the courts.

Article 22

1. The official representative of the court, who interacts with the editorial offices of the mass media, is the chairman of the court or an official authorized by the chairman of the court.

2. The official representatives of the Judicial Department, the bodies of the Judicial Department, who interact with the editorial offices of the media, are respectively General manager of the Judicial Department under the Supreme Court of the Russian Federation, heads of bodies of the Judicial Department or officials authorized respectively by the Director General of the Judicial Department under the Supreme Court of the Russian Federation, heads of bodies of the Judicial Department.

3. Courts (with the exception of district courts, garrison military courts, justices of the peace), the Judicial Department, the bodies of the Judicial Department, in order to organize interaction with the editorial offices of the media, may determine in their apparatuses the relevant structural units, the rights and obligations of which for the implementation of this interaction are established according to the regulations of the courts and (or) other acts regulating the internal activities of the courts, acts of the Judicial Department.

4. Official representatives of the bodies of the judiciary who interact with the editorial offices of the media are members of the relevant bodies of the judiciary who are authorized to carry out such interaction by federal laws regulating the activities of the bodies of the judiciary and (or) acts of the bodies of the judiciary.

Article 23

Disputes related to the coverage of the activities of the courts in the media are resolved by the court in the manner prescribed by law. Disputes related to the coverage of the activities of the courts in the media may also be resolved out of court by bodies or organizations whose competence includes the consideration of information disputes.

Chapter 5. Protection of the right to access information about the activities of courts, control over ensuring access to information about the activities of courts (Articles 24-25)

Article 24. Protection of the right to access information about the activities of the courts

Decisions and actions (inaction) of officials that violate the right to access information about the activities of the courts may be appealed in the manner prescribed by the legislation of the Russian Federation.

Article 25. Control over ensuring access to information on the activities of the courts

1. Control over ensuring access to information on the activities of the courts shall be carried out within their powers by the chairmen of the courts, the General Director of the Judicial Department at the Supreme Court of the Russian Federation, the heads of the bodies of the Judicial Department, members of the bodies of the judiciary authorized to exercise this control.

2. The procedure for exercising control over ensuring access to information on the activities of the courts is established by the regulations and (or) other acts regulating the internal activities of the courts, acts of the Judicial Department, acts of the bodies of the judiciary.

Chapter 6. Final Provisions (Articles 26 - 26)

Article 26. Entry into force of this Federal Law

The president
Russian Federation
D. Medvedev

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On ensuring access to information on the activities of courts in the Russian Federation (as amended on December 28, 2017)

Document's name:	On ensuring access to information on the activities of courts in the Russian Federation (as amended on December 28, 2017)
Document Number:	262-FZ
Type of document:	the federal law
Host body:	The State Duma
Status:	current
Published:	Russian newspaper, N 265, 12/26/2008 Parliamentary newspaper, N 90, 31.12.2008 Collection of Legislation of the Russian Federation, N 52, 12/29/2008, (part I), art. 6217
Acceptance date:	December 22, 2008
Effective start date:	01 July 2010
Revision date:	December 28, 2017

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Remove information from court site

In St. Petersburg, the trial in a civil case has been completed. At the request of the plaintiff, it was closed in connection with the announcement of the plaintiff's diagnoses, which constitute a medical secret.

Lawyers Answers

best answer

Salmin Vladimir Sergeevich(06/20/2017 at 20:26:03)

Hello! In accordance with clause 3.4. of the Temporary Regulations for Organizing the Posting of Information on Cases in Court and the Texts of Judicial Acts in the Internet Information and Telecommunication Network on the Official Website of a Court of General Jurisdiction (Resolution of the Presidium of the Council of Judges of the Russian Federation of May 17, 2010 N 225), posting on the court website is not allowed information containing state, commercial, banking, tax, official, professional or other secrets protected by the state.

Pp. 9 st. 4 323-FZ "On the fundamentals of protecting the health of citizens in the Russian Federation" introduced the concept of medical secrecy. Thus, information constituting a medical secret cannot be posted on court websites.

According to clause 9.1. of the Temporary Regulations, if it is necessary to remove the posted text of a judicial act from the court website, the chairman (deputy chairman) of the court / the chairman of the relevant judicial composition (the judge appointed by order of the chairman of the court) instructs the person responsible for posting information on the court website, using automated system remove the sign of permission to post, after which the message "The text of the judicial act has been removed from public access" automatically appears on the page of the court's website instead of the text of the judicial act.

Therefore, you need to send an application to the chairman of the court to delete your personal data from the court website

Anna Valentinovna(06/20/2017 at 20:37:00)

Good afternoon. In accordance with the date of December 22, 2008. 262-FZ "On ensuring access to information about the activities of courts in the Russian Federation" courts must post on the Internet the texts of judicial acts, information about their appeal and the results of the appeal. Thus, the courts ensure the transparency of justice. In accordance with part 4 of article 15 No. 262-FZ, information constituting state and other secrets, in particular medical secrets, is not published. The judge has the right, instead of the full-text version of the judicial act, to decide to place on the website a brief message about the case considered. You have the right to write an application addressed to the judge who considered the case or the presiding judge to remove the full information and place brief information about the matter in question.

Sliznikova Nadezhda(06/20/2017 at 20:53:43)

Hello!

In accordance with Part 4 of Art. 15 No. 262-FZ, information containing state or other secrets is not published. For example, data that is a state secret (Article 5 of the Law "On State Secrets"), a secret of adoption (Article 139 of the Family Code of the Russian Federation), medical secrets (Article 13 of the Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation" ). There is other information that is also excluded from the acts. Their full list can be seen in the Decree of the Plenum of the Russian Federation of December 13, 2012 No. 35 “On the openness and transparency of legal proceedings and on access to information about the activities of the courts”. when publishing, personal data is excluded from the texts of judicial acts (see part 3 of article 15 of the law “On ensuring access to information about the activities of courts in the Russian Federation”). Instead, they put initials, aliases or other designations. The main thing is that it was impossible to identify the participants in the trial.

Anatoly K.(06/20/2017 at 20:56:50)

Hello, on the merits of your question, I can explain the following: You need to contact the technical site referring to a specific document, explaining the reason for your request. In part 3 of Art. 15 FZ-262 states that when posting texts of judicial acts on the Internet that are subject to publication in accordance with the law, in order to ensure the safety of participants in the trial, personal data, except for surnames and initials, are excluded from these acts. Instead of excluded personal data, initials, pseudonyms or other designations are used that do not allow identifying the participants in the trial. To speed up the process, you can also file an appropriate application in any form addressed to the chairman of the court to take measures to protect the plaintiff's personal data. Courts are required to make decisions freely available, but they are also obliged, in accordance with the Federal Law "On Personal Data", to depersonalize personal data, your application with a request to the court will decide this problem, All the best to you.

Marina Nikolaevna(06/20/2017 at 22:03:11)

Federal Law No. 262-FZ of December 22, 2008 "On Ensuring Access to Information on the Activities of Courts in the Russian Federation" withArticle 15 establishes.

Features of posting texts of judicial acts on the Internet

1. The texts of judicial acts, with the exception of sentences, are posted on the Internet after they are adopted. The texts of the verdicts are posted after their entry into force.

..3. When placing on the Internet texts of judicial acts issued by courts of general jurisdiction, with the exception of texts of judicial acts subject to publication in accordance with the law, in order to ensure the safety of participants in the trial, personal data are excluded from these acts, except for the names and initials of the plaintiff, defendant , a third party, a civil plaintiff, a civil defendant, a convicted person, an acquitted person, a person in respect of whom proceedings are being conducted on a case, a secretary of the court session, the judges (judges) who considered (tried) the case, as well as a prosecutor, a lawyer and a representative, if they participated in litigation. Instead of excluded personal data, initials, pseudonyms or other designations are used that do not allow identifying the participants in the trial.

4. When placing on the Internet the texts of judicial acts that provide for provisions that contain information constituting a state or other secret protected by law, these provisions are excluded from the texts of judicial acts ...

In the decisions published on the websites of the courts, in no case should there be personal data, the amounts awarded, and, even more so, the diagnoses of the persons involved in the case, which constitute a medical secret.

In accordance with paragraphs. 11 of paragraph 1 of Article 6 of the Federal Law "On Personal Data", without the consent of the subject of personal data, it is allowed to process personal data subject to publication or mandatory disclosure in accordance with federal law.

Information about the parties to court cases is subject to mandatory publication in accordance with federal law and may be further disseminated without the consent of the subject of personal data. That is, the names and initials of the parties to the trial are published on the websites of the courts. This publication does not require the consent of the parties involved in the case.

This assertion is supported by s. 5 of paragraph 2 of Article 1 of the Federal Law “On Personal Data”, its effect does not apply to relations arising from the provision by authorized bodies of information about the activities of courts in accordance with Federal Law of December 22, 2008 No. 262-FZ “On ensuring access to information about activities of courts in the Russian Federation. And also part 3 of article 15 of Law No. 262-FZ establishes that when posting texts of judicial acts issued by courts of general jurisdiction on the website, in order to ensure the safety of participants in the trial, personal data is excluded from them, except for the names and initials of the plaintiff, defendant.

Temporary regulations for organizing the placement of information about cases pending in court and texts of judicial acts on the Internet information and telecommunication network on the official website of the court of general jurisdiction, clause 5.1. for posting information. Persons responsible for the depersonalization of the texts of judicial acts to be posted on the website of the court, within one working day from the moment the text of the judicial act appears in the section permitted for publication in the Bank software product, in accordance with the requirements of the law and existing computer technology, depersonalize judicial acts . You need to file a petition with the court district in the name of its chairman to depersonalize personal data in your case. And also about the application of disciplinary measures to a person who made publicly available information that he had no right to expose, thereby violating the current legislation regulating the procedure for publishing court decisions.

Bagalova Tatyana Konstantinovna(06/20/2017 at 22:59:05)

Good evening!

2. Proceedings in closed court sessions are carried out in cases containing information constituting a state secret, the secret of the adoption (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 allowed upon satisfaction of the petition of the person participating in the case and referring 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 can interfere with the proper consideration of the case or entail the disclosure of these secrets. or violation of the rights and legitimate interests of a citizen.

3. The persons participating in the case, other persons present at the performance of the procedural action, in the course of which the information specified in the second part of this article may be revealed, shall be warned by the court about the responsibility for their disclosure.

4. On the trial of the case in a closed court session in respect of all or part of the trial, the court shall issue a reasoned ruling.

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, translators shall be present.

6. The case in a closed court session is considered and resolved in compliance with all the rules of civil proceedings. The use of videoconferencing systems in a closed court session is not allowed.

(as amended by Federal Law No. 66-FZ of April 26, 2013)

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

Art. 10, "Civil Procedure Code of the Russian Federation" dated November 14, 2002 N 138-FZ (as amended on December 19, 2016) (ConsultantPlus)

LIST OF REGULATIONS,

RELATED INFORMATION TO THE RESTRICTED ACCESS CATEGORY

Medical secrecy

Articles 13, 92 of the Federal Law of November 21, 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation"

Article 15 of the Family Code of the Russian Federation

Article 9 of 02.07.1992 N 3185-1 "On psychiatric care and guarantees of the rights of citizens in its provision"

Article 14 of the Law of the Russian Federation of December 22, 1992 N 4180-1 "On transplantation of human organs and (or) tissues"

Article 13 of the Law of the Russian Federation of July 20, 2012 N 125-FZ "On the donation of blood and its components"

(Reference information: "List of regulations relating information to the category of restricted access" (Material prepared by ConsultantPlus specialists) (ConsultantPlus))

Good luck to you! Regards, Tatiana!

Degtyareva A.G.(06/20/2017 at 23:08:59)

~~Good day! Unfortunately, the protection of rights, including personal data, is not carried out at the appropriate level, and the current laws are adopted with such content that does not give any guarantees to an ordinary citizen, and it is more expensive to prove the opposite! And you will see it now.
Thus, the Constitution of Russia guarantees the principle of openness of legal proceedings and the principle of freedom of the mass media. Article 10 of the Civil Procedure Code of the Russian Federation establishes that court decisions are announced publicly. A similar procedure is established by the Criminal Procedure and Arbitration Procedure Codes of the Russian Federation.

In part 3 of Art. 15 FZ-262 states that when posting texts of judicial acts on the Internet that are subject to publication in accordance with the law, in order to ensure the safety of participants in the trial, personal data, except for surnames and initials, are excluded from these acts. Instead of excluded personal data, initials, pseudonyms or other designations are used that do not allow identifying the participants in the trial.

Therefore, the surname and initials of the participants in the process must be preserved in the texts of court decisions. The exclusion of any data from information disseminated in any other way about the activities of courts is not provided for by Law No. 262-FZ.
These legislative provisions courts and judicial officials justify their actions under the guise of transparency of justice, and often violate these same laws if they please.

At the same time, the courts are obliged to observe the rights of citizens guaranteed by the Constitution of the Russian Federation to inviolability of private life, personal and family secrets, protection of honor and business reputation of citizens and companies. And again, unfortunately, even if there is evidence of a violation of these rights, a citizen is limited in the right to choose a court: which court to apply for the protection of the right? The answer is unequivocal: by place of residence. Here another question arises: what kind of court will decide in favor of an ordinary citizen, despite the fact that there are gaps in the legislation and its imperfection is obvious?

Paragraph 1 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 13, 2012 No. 35 “On the openness and transparency of legal proceedings and on access to information about the activities of the courts” provides:
“Ensuring openness and transparency of legal proceedings, access of citizens, organizations, public associations, state authorities, local authorities, representatives of media editorial offices (journalists) to information about the activities of the courts is carried out in accordance with the Constitution of the Russian Federation (Articles 19, 23, part 4 Article 29, Article 33, part 3 of Article 41, Articles 42, 45, 46, 123), Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, Federal Constitutional Law of December 31, 1996 No. 1-FKZ “On the Judicial System of the Russian Federation”, the Federal Constitutional Law of February 7, 2011 No. 1-FKZ “On Courts of General Jurisdiction in the Russian Federation”, the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), the Code of Criminal Procedure of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation),
Federal Law No. 262-FZ of December 22, 2008 “On Ensuring Access to Information on the Activities of Courts in the Russian Federation” (hereinafter referred to as the Law on Ensuring Access to Information), Federal Law No. 2124-1 of December 27, 1991 “On the Mass Media information”, other normative legal acts”.

Moreover, in accordance with Part 4 of Art. 15 No. 262-FZ, information that is a state secret, a secret of adoption (adoption) (Art. 139 of the Family Code of the Russian Federation), medical secrets - Art. 13 of the Law "On the fundamentals of protecting the health of citizens in the Russian Federation". There is other information that is also excluded from the acts.
Ch. 5 Art. 15 of the Federal Law "On ensuring access to information on the activities of courts in the Russian Federation" establishes that the texts of judicial acts issued in cases are not subject to placement on the Internet:
- affecting the security of the state;
- arising from family legal relations, including in cases of adoption (adoption) of a child, other cases affecting the rights and legitimate interests of minors;
- on crimes against sexual inviolability and sexual freedom of the individual;
- on limiting the legal capacity of a citizen or on recognizing him as incapacitated;
- on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination;
- on the introduction of corrections or changes in the record of acts of civil status;
- on the establishment of facts of legal significance, considered by courts of general jurisdiction;
- resolved in accordance with Article 126 of the Civil Procedure Code of the Russian Federation.

The above Resolution of the Plenum of the Supreme Court of the Russian Federation states:
- "Courts should take into account that information about the proceedings in a closed court session should be publicly available."
- “To draw the attention of the courts to the fact that from the texts judgments information constituting a state or other secret protected by law, as well as personal data, are subject to exclusion, except for the names and initials of the plaintiff, defendant, third party, civil plaintiff, civil defendant, convicted, acquitted, person against whom proceedings are being conducted on an administrative offense , secretary of the court session, judges, prosecutor, lawyer and representative. At the same time, the texts of court decisions subject to publication by virtue of law (for example, the text of a court decision on recognizing a normative legal act or part thereof as invalid) are posted on the official websites of the courts in full.

However, the procedure for restricting access to information processed in violation of the legislation of the Russian Federation in the field of personal data is provided for by Art. 15.5 FZ of July 27, 2006 N 149-FZ (as amended on July 6, 2016) “On information, information technology and on the protection of information,

According to Article 8 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data"
1. In order information support publicly available sources of personal data (including directories, address books) can be created. Publicly available sources of personal data, with the written consent of the subject of personal data, may include his last name, first name, patronymic, year and place of birth, address, subscriber number, information about the profession and other personal data reported by the subject of personal data.
2. Information about the subject of personal data must be excluded from public sources of personal data at any time at the request of the subject of personal data or by decision of a court or other authorized state bodies.
I also explain:
The chairman of the court or his deputy independently decides on posting information about pending cases on the website, including information about the judge who is in charge of the case, provided that posting such information does not affect the safety of the judge and other participants in the process.
In accordance with the clarifications of the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, the Judicial Department at the Supreme Court of the Russian Federation, the judge has the right, instead of the full-text edition of the judicial act, to decide to place on the website a brief message about the case, if it is of an exclusively private nature.
If the judgment contains a large number of information subject to exclusion, the chairman of the court or a person authorized by him, the judge who has adopted the judicial act, has the right to decide to place an extract on the website of the court instead of the text of the judicial act.

Sergey Zubkov(06/21/2017 at 16:46:54)

Hello. Your indignation is understandable, because. Your personal information is exposed to the public. But there is no need to come into conflict with the court, because the female judges could not pay attention to this. Although they were obliged to take a closer look before "throwing" the court decision to the site. Contact the office and ask them to remove it or edit it as anonymized. In the course of the conversation, you will understand whether it will be necessary to complain about them and demand removal or not. Refer to the Federal Law of December 22, 2008. No. 262-FZ "On ensuring access to information on the activities of courts in the Russian Federation". My colleagues brought it to you. This Federal Law is known in court and will eliminate their oversight, which led to the violation of your rights, without any problems. I also want to note that you will not receive any compensation from them, even if you want to.

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