The Right to Access Information as an Important Component of the Procedural and Legal Status of Participants in Judicial Proceedings

Abstract

The article analyzes the implementation of the right to access information as one of the key elements of the procedural status of participants in judicial proceedings. It emphasizes that this right is not only a component of the right to a fair trial, guaranteed by the Constitution of Ukraine and international instruments (in particular, Article 6 of the European Convention on Human Rights), but also a necessary condition for ensuring equality of arms, adversarial proceedings, and effective access to justice. The author notes that the right to information must be exercised in procedural forms, and that unlike legal obligations, this right is not subject to compulsory enforcement; however, its disregard may lead to adverse procedural consequences.
Special attention is given to the functioning of the Unified Judicial Information and Telecommunication System (UJITS), which ensures more transparent and prompt circulation of documents and provides the possibility of timely access to case information. The article separately examines the specifics of realizing the right to information in bankruptcy proceedings. The author stresses that creditors who are not part of the creditors’ committee are effectively excluded from access to information about the course of the case, creating inequality among participants.
The article also explores the case law of the European Court of Human Rights (ECHR), which confirms that untimely notification of a person about a court decision may violate their right of access to a court. The importance of adhering to the principle of legal certainty in the renewal of appeal deadlines is highlighted, along with the need for legislative regulation of these issues.
The author concludes that the right to access information is a vital component of the procedural and legal status of participants in judicial proceedings, although it has a complex, multi-level nature and depends on the participant’s role in the case and their conduct during the proceedings. Effective implementation of the right to information is the foundation of fair justice, and the state must ensure equal conditions of access to information for all participants. The case law of the ECHR on this issue can also be considered well-established, although new cases related to the right to access information continue to be heard by the European Court of Human Rights, indicating the relevance of further research in this area.