Yaselska N. Electronic justice as an instrument for ensuring access to court in Ukraine and the countries of the European Union

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100456

Applicant for

Specialization

  • 081 - Право

03-07-2023

Specialized Academic Board

ДФ 26.004.080

National University of Life and Environmental Sciences of Ukraine

Essay

Examining the conceptual and categorical apparatus used in scientific research and in national legislation, as well as in international legal acts regarding the concept of electronic justice, namely: "electronic justice", "electronic justice", "cyber justice", "digital justice", "electronic court", it was found that, as of today, there is still no single general scientific approach. It was established that the wide implementation and development of electronic justice systems, based on the rapid integration of the latest digital technologies, creates the need to master a certain set of skills and knowledge that make it possible to freely and effectively use these digital technologies – "digital competence". The concept of "digital competence in justice" has been introduced into the scientific circulation. For the first time, the term "digital justice" was formed as a type of justice. The author outlines the key historical and legal stages of formation of the modern e-justice system of Ukraine. Based on the analysis of legal acts and decisions of judicial self-government bodies in the area of implementation, development and functioning of the e-justice system advantages of the UJITS system are identified. It was found that at this stage of implementation and use of the already functioning UJITS subsystems, there are still certain factors that inhibit the full implementation of the Ukrainian electronic justice system. It is established that the current state of development of digitalization outlines the perspective for expanding the boundaries of integration into the electronic justice system of the latest and more advanced automated solutions, such as artificial intelligence. It was found that the scientific community and the legislation lack a single universally recognized definition of the concept of artificial intelligence, which prompted the formation of the author's concept of "artificial intelligence in the judicial system". Based on a study of the experience of the countries of the European Union and Ukraine in the field of using artificial intelligence, two possible areas of their implementation are outlined: support for electronic court systems; potential replacement of judges. The author proposes a theoretical model of the Ukrainian e-justice system, the UJITS 2.0. Based on the results of the study of the experience of the European Union countries in using digital technologies in judicial proceedings during the pandemic, the following proposals are made for the finalization, functional improvement and enhancement of e-justice systems 1) an objective need to improve the regulatory (legislative) regulation of the use of all elements of the e-justice system, including by approving appropriate changes to the procedural codes; 2) to direct the state policy of countries to increase the level of digital competence in the use of e-justice of both judges and court employees and citizens; 3) to ensure equal access to e-justicesystems, focusing attention on vulnerable categories of citizens and on regions with insufficiently developed infrastructural access; 4) to equip all judicial bodies with a sufficient technical base and software with simultaneous implementation of its maintenance by specialists in the field of digital technologies; 5) to improve the protection of personal information and judicial secrecy in order to prevent their disclosure, including by introducing severe punishment and liability for their unauthorized distribution.

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