The principle of transparency and openness of the judicial process and its full fixation by technical means in the civil proceedings of Ukraine

Abstract

Keywords: principle of publicity and openness of judicial process and its full fixingby technical means, principles of civil proceedings, civil proceedings, information withlimited access, mechanism of legal regulation
 The article substantiates the relevance and necessity of further in-depthresearch on the principle of transparency and openness of the judicial process and itsfull fixation by technical means in civil proceedings of Ukraine, proves the objectiveconnection between the principles of civil proceedings and processes in society and themethod of the field of law, as well as between the very principles that comprise thesystem.It defines the principles of civil procedural law as the main ideas, fundamentalprinciples of the tasks and objectives of civil proceedings, enshrined in the rules ofcivil procedural law, which reflect the specifics of the subject and method of legal regulationof civil procedural law, as one element of the legal regulation of civil procedure,which are in a dialectical relationship and interdependence with other elementsof the mechanism of legal regulation.Different approaches to the disclosure of the essence and legal implementation ofthe principle of publicity and openness of the trial and its full fixation by technicalmeans, which are reflected in the scientific works of procedural law professionals ofthe past and modern researchers. It turns out that this principle is a constitutional,intersectoral, organizational principle of civil procedural law, which has a normativeconsolidation at both national and international levels of legal regulation.Based on the analysis of the legislation, the content of the principle of publicityand the principle of openness as components of the principle of publicity and opennessof the trial and its full fixation by technical means, exceptions to these principles, aswell as legal mechanisms for their implementation. The legal positions of the EuropeanCourt of Human Rights on the disclosure of information with limited access areanalysed. The conclusion is substantiated that the principle of openness and opennessof the judicial process and its full fixation by technical means is a complex principle,its implementation is ensured, on the one hand, by achieving the tasks and goals ofcivil proceedings, and on the other, by exercising the right to fair trial components —the right of access to justice.