Trends and problems of e-justice enforcement in Ukraine

Abstract

The paper aims to explain the trends and problems of the electronic justice development in Ukraine. Within the research the tasks include an analysis of the regulatory documents and organizational features of the implementation the certain measures of court digitalization.

The methodological basis of the study. The main scientific method used in the article is deductive. In the study conditions, a gradual transition is made from the general problems of e-justice implementation to the peculiarities of functioning of its individual subsystems. After that, several proposals are substantiated for its improvement in the future.

The structure of the article is formed in accordance with theoretical and analytical tasks. It also reflects the use of certain methods of scientific research and scientific materials.

The theoretical method is used during the study of the regulatory documents and problems of electronic justice implementation. The materials for the method application are legislative acts, regulations, strategy and scientific literature.

The tabular, analytical and generalization methods were used to study the dynamics of applying the video conference mode for the trial and trials recording by technical tools. The materials for applying the method are data from the Ukrainian Judicial Authority Portal.

Results. In the article, the legal norms of the Unified Judicial Information and Telecommunication System Modules’ functioning have been studied. The main reasons for the low number of applications submitted through the e-court were determined, and the participation of a third party (Center of the Provision of Administrative Services) was justified to increase the use of digital court services and their popularization. The necessity of clarifying the norm of the Regulation on the procedure of functioning the separate subsystems (modules) of the Unified Judicial Information Telecommunication System regarding the mandatory duplication the digital version of documents with a paper one for trial parties, if the other party does not use e-judicial methods, is substantiated. The dynamics video conferencing mode and technical tools use in the trial were carried out, and the reasons for the identified trends were substantiated. Specific features and problems of using electronic evidence in digital justice are outlined.

Conclusions. Solving the organizational problems and eliminating legal inaccuracies will allow achieving the goal of implementing e-justice.