Keil Ya.Ya. The Correlation of the Concepts “Transparency”, “Openness” and “Publicity” of a Trial [Keil Ya.Ya. La corrélation des concepts “la transparence”, “l’ouverture” et “la publicité” du droit procédural]

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.14

Yanina Ya. Keil, Candidate of Juridical Sciences, Associate Professor, Department of Civil Law Disciplines, Volgograd Institute of Management – the Branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the procedural law is dynamically changing. The author traces the emergence of the principle of transparency, its legislative consolidation and the changes in the conditions of reforming the procedural law. The purpose of the study is to demarcate the principles of the procedural law “transparency”, “openness” and “publicity”. Methods: there are applied in conjunction the methods of scientific knowledge, including the basic methods of systematicity, analysis and the comparative law method. Results: it is proved that the terms “transparency” and “openness” have their different content and it is not allowed to use them as synonyms. There are revealed the grounds and procedures for a closed-door court hearing as a special case of the principle of transparency. Conclusions: it was found that “transparency” is the possibility to access the information by any means not prohibited by law. “Publicity” is the term used by the legislator as a synonym for “transparency”. “Openness” is the ability to be physically present in the courtroom, as well as to participate in the proceedings through the system of video conference communication.

Key words: principles, law, transparency, openness, publicity, court procedure.

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