The Unified State Register of Court Decisions: legal regulation of functioning in Ukraine and experience of similar registers

Abstract

The purpose of the article is to develop proposals for improving the functioning of the Unified State Register of Court Decisions on the basis of a study of the legal regulation of the work of this register under the legislation of Ukraine and a review of the operation of similar registers of foreign countries. Research methods are: analysis, synthesis, induction, deduction, comparative legal and hermeneutic methods. The legal regulation of the functioning of the Unified State Register of Court Decisions under the legislation of Ukraine is considered. The role of this register in ensuring the transparency of the functioning of the judiciary in Ukraine is characterized, in particular, the presence in it of court decisions of courts of general jurisdiction. The functioning of the registers of court decisions of foreign countries is considered. It is proven that there is a problem of protecting personal data contained in the texts of court decisions located in the Unified State Register of Court Decisions, which are freely accessible. The expediency of the operation of the Unified State Register of Court Decisions is substantiated not as an independent database, but as a subsystem of the Unified Judicial Information and Telecommunication System. Amendments to the legislation defining the procedure for the functioning of this register are proposed.