Transparency, public and open trial as a guarantee of the completeness and effectiveness of judicial protection of human rights

Relevance. The right of the public to enter a courtroom is as old and ancient a legal institution as the trial itself. A closed court is not fully a “court” in its true historical and legal content. In general, the development of state legal institutions both in Russia and in foreign countries followed the path of publicity in the administration of justice, although there were periods during which instead of “justice” there was “retribution” in a regime closed from society. These circumstances pose new research challenges for legal science. The purpose of this study is to attempt the author’s interpretation of the principles of transparency, publicity and open court at the present stage of the state and legal genesis of Russia. Objectives. To reveal the intent of this article, the following tasks were set and solved: to determine the characteristics of the concepts of “publicity”, “publicity”, “openness”; identify their relationship with the constitutional functions and social purpose of justice. Methodology. The methodological basis of the study includes general and special methods and techniques that have been developed and tested by modern legal science: analysis and synthesis, induction and deduction, dialectical approach. Results. This study allows us to substantiate the point of view that the state and law only during the latest stages of the country’s history demonstrate a significant inclination towards transparency, publicity and openness, public involvement in public legal activities and support of partnerships between government and society. Conclusion. An open court session presupposes the right to be present and observe what is happening in the courtroom for a wide range of people, with exceptions and exceptions that can only be established by law, which must comply with the criteria of Part 3 of Art. 55 of the Constitution of the Russian Federation and can be verified by the Constitutional Court of the Russian Federation based on complaints from citizens and requests from government bodies.