RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of October 8, 2012 No. 61

About ensuring publicity in arbitral procedure

For the purpose of ensuring uniformity in interpretation and application of provisions of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) about publicity of legal proceedings the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. According to provisions of part 1 of article 123 of the Constitution of the Russian Federation, part of 1 Article of 11 AIC of the Russian Federation trial of cases in Arbitration Courts open.

Any citizen, including the representative of mass media has the right to be present at proceeding in open court.

At the same time Arbitration Courts should consider that in the absence of the bases for implementation of trial of case in the closed judicial session the Arbitration Court has no right to refuse the admission in judicial session by the person interested to be present at it to citizens, including because of the insufficient capacity of courtroom. In these cases in court access of such persons to the course of legal proceedings, for example, by means of broadcast of judicial session can be organized.

Presence at judicial session of public the judge - the chairman in judicial session - declares in judicial session.

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