Court decisions on mobilization evasion will be made non-public – what the authorities want to hide

The final version of the draft law 7033-d has been published on the website of the Verkhovna Rada. It amends the Law «On Access to Court Decisions» to prevent the disclosure of certain information in court documents. Among other things, the MPs propose to adopt a rule to remove certain court decisions from public access.

What court decisions will be closed to public access?

The new draft law proposes to remove such decisions from public access:

• In criminal cases, if they concern people who are suspected or accused of violating the rules of mobilization (Articles 336 to 336-2 of the Criminal Code).
• In administrative cases, if they relate to claims of the TCC that restrict the right of Ukrainians to drive during mobilization.

These documents will not be available during martial law and for another year after it ends.

In addition, if the court decides that the disclosure of certain information may harm national security, it will be able to conceal it even in public court decisions. This applies to data on:

• military goods and services,
• companies that fulfill defense orders,
• locations of military units, intelligence, the SBU, the State Special Communications Service, and border guards,
• military educational institutions,
• defense plants controlled by «Ukrainian defense industry»,
• other strategically important state facilities (their list is approved by the Cabinet of Ministers).

Court rulings of commercial courts that give the Antimonopoly Committee permission to inspect businesses, officials or state bodies will become public one year after they are entered into the Register. The same applies to rulings in criminal cases that authorize or prohibit the seizure of property, searches, temporary access to documents and things, and covert investigative actions. These decisions will also be made publicly available one year after they are entered into the Register.

This draft law is expected to protect confidential information, especially during the war. But at the same time, it will temporarily restrict access to certain court decisions, which may cause controversy over the transparency of the judicial system.

The Verkhovna Rada Committee on Legal Policy recommends adopting this law in the second reading and in general.

It is worth noting that the courts have repeatedly sided with the plaintiffs and canceled fines imposed by the CCC for alleged violations of the mobilization law: due to absence of paper WOD and QR code in «Reserve+», refusal to receive a «military» call-up, Improper notification of a call.

.

Source: Judicial and legal newspaper