Correlation of categories of "transparency", "visibility" and "publicity" when revealing the content of the principle of publicity and transparency in civil judiciary of Ukraine

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The author of the article has substantiated the relevance and necessity of further in-depth scientific research of the content and significance of the principle of publicity and transparency in civil judiciary of Ukraine. The author has studied the problem of correlation of the categories of “transparency”, “visibility” and “publicity” when revealing the content of the principle of publicity and transparency in civil judiciary of Ukraine. It has been emphasized that the changes that had recently taken place in the economy, politics and law of Ukraine affect the development of the doctrine of legal principles, in particular, the development of the theory of principles of civil procedural law. The author of this work argues the thesis that the specified basis should be currently considered as two main requirements for the court, which has to be indicated in the title of this principle - the principle of publicity and transparency in civil legal proceedings of Ukraine. This conclusion, as it has been already noted, is particularly confirmed by the updated civil procedural legislation. Taking into account the national civil procedural legislation, the provisions of international legal acts, the ECHR case-law, one can make a conclusion that the substantive provisions of the principle of publicity and transparency of civil legal proceedings should contribute to the tasks of the judiciary, directly to a fair trial, whose guaranteeing is one of the fundamental principles of a democratic society in terms of the Convention (paragraph 56 of the ECHR judgment of 10 December 2009 in the case of “Shagin v. Ukraine”, paragraph 79 of the ECHR judgment of 4 December 2008 in the case of “Belashev v. Russia”). A mandatory component of the principle of publicity and transparency of civil legal proceedings is its openness, since the refusal of the national authorities to inform the applicant about the date and time of the hearing in this case was considered as a violation of publicity of the trial (paragraph 40 of the ECHR judgment of 8 November 2005 in the case of “Strizhak against Ukraine”). The author of the article has proved that the implementation of the principle of publicity and transparency of civil judiciary takes place, on the one hand, by achieving the tasks and purpose of civil legal proceedings, and on the other, by implementing the right to a fair trial and one of its components - the right to access to justice.