The Decision of the Presidium of the Supreme Court of the RF of 27.09.2017, regarding disclosing order of judicial acts on the official sites of courts on the Internet, has come into force.
The list of undisclosed judicial acts were included court files regarding government security, marital and legal relations, including adoption of children and other files regarding juvenile rights.
Texts of judicial acts taken according to the arbitration legislation have to be disclosed on the day of their enactment or on the net day.
Texts of judicial acts of the general jurisdiction courts have to be disclosed during a month after their final enactment, and text of decisions – not later than a month after coming into force.
It is defined by the Decision of the Presidium of the Supreme Court of the RF that cannot be deleted from texts of judicial acts:
- surnames, names and paternal names (initials) of the participants of court hearings: judges, secretaries, procurators, attorneys and representatives, convicted or acquitted;
- identification numbers, including basic state registration numbers of tax payers and individual entrepreneurs;
- surnames, names and paternal names (initials) of claimants, defendants or third parties – files on administrative violations;
- data of money required by clai¬¬mants or adjudged in their favour (amount of claims, compensation for moral injury, government fees, legal expenses, fine sanctions);
- names and locations of legal entities.
While disclosing legal acts of general jurisdiction courts for safety of participants of court hearing personal data should be deleted:
- date and place of birth, place of residence, telephone numbers, requisite details of passports or documents of identification;
- identification numbers of tax payers-physical persons, that are not related to individual entrepreneurs, insurance numbers of individual personal accounts;
- data about location of property (land parcels, buildings, constructions, residential houses, apartments, vehicles), funds of participants of court proceedings that are contained in banks (credit organizations), if it relates to the subject of the instant case. Instead of personal data indications can be used that are not able to identify participants of the court proceedings.
While preparing to disclose of judicial acts, data, containing the state or legally protected secret, should be deleted from texts.
The Decision of the Presidium of the Supreme Court of the RF of 14.06.2017, regarding the disclosing order of judicial acts on the Internet, was revoked.
It is possible to get information about decisions of arbitration courts with the help of the Information and Analytical system Globas. The subscribers of the system can look for the «Arbitration» service or «Arbitration proceedings» section in the company report. Decisions for cases on bankruptcy of organizations and citizens, civil cases on economic disputes, administrative cases and others legally valid cases can be found in the Globas system. Currently there are more than 13 mln of court decisions in the Globas system.
The scope of information on state registration of legal entities, peasant farm enterprises, individual entrepreneurs, which is placed on official web site of the Federal Tax Service, and its order of placement are approved by the order of the Ministry of Finance of the Russian Federation as of 05.12.2013 №115.
It should be recalled that at the present time the Unified State Register of Legal Entities (EGRUL) includes the following data on legal entities:
- - name;
- - registered or operative address;
- - registration;
- - registration authority;
- - legal status;
- - registration with a tax authority;
- - registration as insuring party in the Pension Fund of the Russian Federation;
- - registration as insuring party in the Social Insurance Fund of the Russian Federation;
- - person who has the right to act in the name of a legal entity without a power of attorney;
- - administrator of the register of shareholders;
- - types of activity according to OKVED;
- - main activity;
- - secondary activities;
- - licenses;
- - branches and representative offices;
- - records made in EGRUL.
In the framework of statutory regulation improvement in the sphere of state registration of business entities, the list was substantially supplemented in concordance with the order of the Ministry of Finance of the Russian Federation as of 25.08.2017 №135н.
Thus, the following positions were added to the list of information on state registration of legal entities:
- e-mail (in case it was put on application for state registration). The same applies to e-mail of individual entrepreneurs;
- information on decisions about locations change;
- information on the beginning of bankruptcy proceedings and procedures in such cases;
- information on corporate agreements reflecting the volume of participants’ powers which are disproportionate to their shares in the authorized capital (for example, the number of votes represented by the shares of participants which are disproportionate to the amount of these shares);
- information on corporate agreements setting the restrictions and conditions of alienation of equity stakes or shares.
The subscribers of the Information and Analytical system Globas may get acquainted with data contained in EGRUL regarding their counterparties through ordering of EGRUL/EGRIP extracts in the company report.