ON LEGAL MECHANISMS FOR ENSURING THE SECRET OF ADOPTION OF A COURT DECISION IN ACCORDANCE WITH THE LEGISLATION OF UKRAINE AND THE LEGISLATION OF OTHER FOREIGN COUNTRIES

Abstract

The article analyzes the rules governing the secrecy of court decision-making, as well as the international legal mechanisms for ensuring secrecy of court decision-making in foreign countries.The author emphasizes that until recently, in civil, commercial and administrative court proceedings in Ukraine, the deliberation room was a practical tool which allowed a judge or a panel of judges to discuss the circumstances of a case in a moderate manner and make a court decision without being subject to any outside influence, since the deliberation room was located in the courtroom and access to it by unauthorized persons was strictly prohibited. In addition, the deliberation room disciplined the judges, who went to it immediately after the stage of court debates and stayed there without access to the court staff or the parties until the judgment was rendered, which contributed to the timely administration of justice.It is emphasized that the existence of the institution of the “Secret of the Deliberation Room” in Ukraine was and is, taking into account criminal proceedings, one of the guarantees of impartiality and independence of judges and one of the safeguards against illegal influence on them during decision-making. The “Deliberation Room” was and still is a historical attribute or even a ritual of the domestic judicial process, which has an important practical purpose and is a factor that prevents interference in the activities of judges and the court.At the same time, it is noted that the introduction of the institution of “Secrecy of court decision-making” instead of the rudimentary institution of “Secrecy of the deliberation room”, similar to neighboring Western countries, should ensure that substance prevails over form. Such a change could contribute to deepening ties with our Western neighbors and at the same time, as it develops, move us away from the Soviet legacy. In addition, the introduction of the institution of “secrecy of judicial decision-making” shows the global influence of the European Union (EU) legal system on national legal systems, including Ukraine’s.Based on the results of the above study comparing the legislative acts of Ukraine and a number of EU member states, the author concludes that the elimination of the “Deliberation room secrecy” institution should have a positive impact on the processes of deepening the integration of national legislation with the legislation of EU countries. The introduction of the institution of “secrecy of court decision-making” instead of “Secrecy of the deliberation room” departs from the Soviet narratives, promotes harmonization of Ukrainian legislation with EU law, which should generally affect the efficiency of the Ukrainian judicial system. At the same time, the author emphasizes the need for further research of this issue through the prism of practical activity, since only through a detailed analysis of judicial practice will it be possible to come to a reasonable conclusion about the correctness of the changes implemented, whether such changes are appropriate and acceptable for the national legal system. The updated procedural rules introduce legal categories that were not previously present in the domestic procedural law at all. All of them should be tested in practice and deserve further thorough scientific study.