Statement by NGOs on the Parliament’s Attempt to Unjustifiably Restrict the Right to Information

We, representatives of NGOs, call on Members of the Parliament of Ukraine to reject draft laws No. 7033-d, which proposes to restrict access to the Unified State Register of Court Decisions, and No. 8359, which allows court hearings to go unrecorded.

We believe that the changes proposed by these draft laws pose a threat of disproportionate restrictions on public access to important information, undermine the right to a fair trial, create legal contradictions, and conflict with the values of a democratic society.

The Unified State Register of Court Decisions was established by the Law “On Access to Court Decisions” in 2006 as a key part of Ukraine’s legal approximation to EU legislation, paving the way for future EU membership.

Draft law No. 7033-d introduces a number of questionable innovations both for the period of martial law and in peacetime.

First, it significantly expands the list of information that must be excluded from published court decisions, including the names and locations of critical infrastructure objects. The problem is that the list of such objects is unstable and incomplete, and information about most of them is already publicly available (e.g., pension fund offices, social protection agencies, local self-government bodies, and even courts). There is no sense in hiding information “from the enemy” that has long been accessible to them. However, such concealment would severely hinder public monitoring of court decisions.

Second, for the duration of martial law and one year after its end, the draft proposes to limit access to decisions in cases of particular public interest (such as crimes against national security, protection of state secrets, border violations, military draft and mobilisation, or military service regulations). Such a restriction is disproportionate and contrary to public demand. Journalists, lawyers, researchers, and civic activists would be unable to learn the details and court-imposed sentences in cases involving state traitors, collaborators, and enablers of the occupation. Hiding these court decisions would inevitably fuel public tension and mistrust towards authorities.

Third, it gives judges the discretionary power to remove information from the court register, even from decisions issued in open hearings, violating the principle of open justice and increasing corruption risks.

Meanwhile, draft law No. 8359 opens the door for abuse in the recording of court proceedings. It allows, during martial law or a state of emergency, for only the “essential points” of a hearing to be summarized in a written protocol “in case of objective impossibility” of technical recording. The term “objective impossibility” can be interpreted arbitrarily by any judge.

Legislation must consistently limit access to information. Court decisions should contain open data. Otherwise, it threatens the effective functioning of the Unified State Register of Court Decisions, one of Ukraine’s democratic achievements.

Restricting access to court decisions would set Ukraine back decades in its democratic development—putting it on par with Russia and Belarus—and endangers the country’s path toward European Union integration. Members of Parliament are now poised to impose disproportionate restrictions on Ukrainians’ ability to freely access information of significant public interest, including judicial decisions, case evidence, and the identities of individuals accused or convicted of crimes.

We urge the Verkhovna Rada of Ukraine to reject draft laws No. 7033-d and No. 8359 as harmful to the justice system, freedom of speech, and public access to information, especially during and after the war.

March 17, 2023

• ZMINA Human Rights Center
• Kharkiv Anti-Corruption Center
• DEJURE Foundation
• Institute for Peace and Common Ground
• Kharkiv Institute for Social Research
• Educational Human Rights House – Chernihiv
• NGO “Progressive Group of Frankivtsi”
• Institute of Mass Information
• Media Initiative for Human Rights
• Anti-Corruption Action Centre
• Association UMDPL (Ukrainian Association of Monitors of Human Rights Observance in Law Enforcement)
• Ukrainian Legal Advisory Group
• CHESNO Movement
• All-Ukrainian Association “AutoMaidan”
• Institute of Legislative Ideas
• Center for Civil Liberties
• Kharkiv Region Charity Foundation “Public Alternative”
• NGO “Invisible”
• Democratic Initiatives Incubator
• NGO Expert Group “SOVA”
• Regional Center for Human Rights
• NGO “Human Rights Platform”
• Anti-Corruption Headquarters
• Gender Zed Foundation
• Transparency International Ukraine
• Laboratory of Legislative Initiatives
• LGBT Human Rights Center “Nash Svit”
• CSO “Charity Foundation Vostok-SOS”
• NGO “Blue Bird”
• NGO “Government Monitoring Center”
• Bihus.Info
• NGO “Donbas SOS”
• NGO “Kyivski kotyky”
• NGO “Fresh Blood”
• NGO “Tsegla”
• NGO “CrimeaSOS”
• Anti-Corruption Research and Education Center
• Institute of Legislative Ideas
• Crimean Human Rights Group
• Centre for Economic Strategy
• NGO “Civic Holding GROUP OF INFLUENCE”
• All-Ukrainian Youth NGO “Foundation of Regional Initiatives”