INTERNATIONAL AND EUROPEAN STANDARDS FOR OPENNESS AND TRANSPARENCY OF THE TRIAL AND THE ENFORCEMENT OF JUDICIAL DECISIONS (ON THE EXAMPLE OF THE LEGISLATION OF ENGLAND AND WELLS, THE USA AND THE EU)

Abstract

The article reveals the legal nature of the principle of openness and transparency of a trial and the enforcement of judgments as an integral part of the concept of a person's right to a fair trial. The purpose of our study is to find out the main approaches to the openness and transparency of the enforcement of judgments in the light of international and European standards, such as the laws of England and Wales, the US and EU law. For our comparative study, the United States Federal Rules of Civil Procedure and Civil Procedure Rules of England and Wales have been selected in view of the need to study the world's best practices. The European legislation governing the provisions of the European Enforcement Order and the European Order for Payment and European Small Claims Procedure, are among the objects of our study. Provisions on common minimum stand- ards for civil procedure in the EU, which are in the process of legislative implementation, are examined as examples of the standards of openness and transparency of justice and enforcement of judgments in the EU. They are also among the sources of our study on, transparency and openness in the administration of justice and the enforcement of judgments. In this article the terminological problems of translation of the terms "public hearing", "open court", "open trial" and others relative terms are analyzed in depth, based on their legal content and essence. As a result of the research, the concept of open enforcement of court decisions as an integral part of court proceedings is proposed to imple- ment, in particular, by introducing the institution of review of court decisions and other documents subject to publication in accordance with the procedure established by law, attorneys or agents affairs.