Shcherbina A. Criminal liability for illegal interference in the work of the automated system of the court document flow

The author points out that the development of the automated system of the court document flow became one of the ways to improve the process of informatization and computerization of office work in the country, confirming the rapid evolution of technical progress. Сurrently Ukraine carries out reforms in almost all areas regularly, judicial reform is no exception. For the present moment, we cannot talk about the complete perfection of the latter. The Ukrainian legislator is not ready to adopt the maximum number of positive developments of the international and European community and to deprive the judicial system of subjectivism and rudimentary views on responsibility. Currently the automated system of the court document flow is the only informative and analytical base that is able to speed up, facilitate and secure the exchange and receipt by special (and in some cases – general) subjects of the necessary data within certain proceedings. The emergence of any phenomenon eventually leads to the emergence of new forms of criminal activity. Thus, in 2009 there was an urgent need for criminal legal protection of the automated system of the court document flow. The grounds for the social conditionality of the criminalization of this type of offense were the following: 1) the lack of other effective means of counteraction other than criminal and legal prohibition; 2) the need for criminal and legal guarantees of the rule of law and the proper administration of justice; 3) the level of public danger; 4) improvement of the judicial system; 5) bringing legislation in accordance with the requirements of the international and European legal community.