Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.39 N° 70
2021
Recibido el 16/03/2021 Aceptado el 20/08/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Vol. 39, Nº 70 (2021), 66-79
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Perspectives of electronic judicial
proceedings’ development: international
experience and possibilities of its
application in Ukraine
DOI: https://doi.org/10.46398/cuestpol.3970.03
Oleksandr Mykolaiovych Holovko *
Irina V. Aristova **
Volodymyr Viktorovych Shulhin ***
Andrii Oleksiovych Sobakar ****
Abstract
The main directions of further development of e-justice are
identied and analysed. Particular attention is paid to the current
situation in this area in developed and democratic countries.
Considering practical experience in the implementation of
e-justice, possible ways of implementing progressive forms
and methods of e-justice emerged. At present, the development of the
judicial system has undergone signicant and, rst, positive changes in
the direction of conducting proceedings in electronic mode. That is, it is
commonly spoken of the so-called «electronic litigation», in one way or
another it exists in most countries. It is concluded that, even though the
international community has implemented measures in which electronic
judicial procedures must be carried out, their applicability has been
problematic in Ukraine, which has aected the judicial system. Processes
related to the administration of justice are one of the key elements of the
functioning of society. After all, they are meeting the constantly existing
demand for justice on the part of citizens, and this demand is one of the
basic human needs.
Keywords: electronic litigation; useful properties; adoption of experience;
eective means; international experience.
* Doctor of Jurisprudence, Professor, Honored Lawyer of Ukraine, Head of State and Legal Disciplines
Department of V. Karazin Kharkiv National University, Kharkiv, Ukraine. ORCID: https://orcid.
org/0000-0001-8969-3517. Email: golovkoan1967@ukr.net
** Doctor of Laws, Professor, Head of the Department of Administrative and Information Law, Sumy
National Agrarian University, Sumy, Ukraine. ORCID: https://orcid.org/0000-0001-9211-3464.
Email: aristova07@gmail.com
*** PhD (Law), Associate Professor of the Department of Military Special Training, Faculty of Postgraduate
Education, Military Institute Taras Shevchenko National University of Kyiv, Kyiv, Ukraine. ORCID ID:
https://orcid.org/0000-0002-8507-453X. Email: vshulgin@ukr.net
**** Doctor of Law, Professor, Head of the Department of Administrative Law, Process and Administrative
Activities, Dnipropetrovsk State University of Internal Aairs, Dnieper, Ukraine. ORCID: https://
orcid.org/0000-0002-7618-0031. Email: aasobakar77@ukr.net
67
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 66-79
Perspectivas del desarrollo de los procedimientos
judiciales electrónicos: experiencia internacional y
posibilidades de su aplicación en Ucrania
Resumen
Se identican y analizan las principales direcciones de un mayor desarrollo
de la justicia en red. Se presta especial atención a la situación actual en
este ámbito en los países desarrollados y democráticos. Teniendo en cuenta
la experiencia práctica en la implementación de la justicia electrónica,
surgieron posibles formas de implementar formas y métodos progresivos
de justicia electrónica. En la actualidad, el desarrollo del sistema judicial
ha experimentado cambios signicativos y, en primer lugar, positivos en
la dirección de la conducción de los procedimientos en modo electrónico.
Es decir, se habla comúnmente del llamado «litigio electrónico», de una
forma u otra existe en la gran mayoría de países. Se concluye que, a pesar
de que la comunidad internacional ha implementado medidas en las que se
deben llevar a cabo procedimientos judiciales electrónicos, su aplicabilidad
ha sido problemática en Ucrania, lo que ha afectado al sistema judicial.
Los procesos relacionados con la administración de justicia son uno de los
elementos clave del funcionamiento de la sociedad. Después de todo, están
satisfaciendo la demanda de justicia que existe constantemente por parte de
los ciudadanos, y esta exigencia es una de las necesidades humanas básicas.
Palabras clave: litigio electrónico; propiedades útiles; adopción de
experiencia; medios ecaces; experiencia internacional.
Introduction
Since the earliest times of human existence, individuals have tried
to create certain bodies that would be engaged in establishing truth and
justice in the conict between members of society. It is clear that due to
the continuous development of society, the courts, as well as other public
authorities, continued to improve both organizationally and substantively.
Access to justice has become an important issue in many justice systems
around the world. Increasingly, technology is seen as a potential facilitator
of access to justice, particularly in terms of improving justice sector
eciency. The international diusion of information systems (IS) within
the justice sector raises the important question of how to ensure quality
performance (Lupo and Bailey, 2014). The regulatory act should determine
the rules, which should be obeyed by the judicial authorities of Ukraine. It a
necessary to take into account the law while interpreting the prescriptions
of normative acts by the national courts. Such interpretation should proceed
from the denitions and formulations available, rst of all, in the legislation.
68
Oleksandr Mykolaiovych Holovko, Irina V. Aristova, Volodymyr Viktorovych Shulhin y Andrii
Oleksiovych Sobakar
Perspectives of electronic judicial proceedings’ development: international experience and
possibilities of its application in Ukraine
The importance of adhering to the rules and regulations, in the course of
such interpretation, used in the law without such unreasonable extension
or distortion of their content by relevant court decisions (Lyzohub, 2019).
Numerous studies demonstrate that the application of electronic
system of judicial proceedings greatly facilitates litigation. Thus, the level
of functioning eciency of the judicial system of the country signicantly
increases in the whole. Therefore, Ukraine cannot and should not stand aside
from those processes, since modern technology development facilitates all
spheres of society’s life-sustaining activities. It should be noted that the
introduction of electronic judicial proceedings among other things will be
categorically a positive step towards the progressive development of the
judicial system. In our opinion, this will also make it possible to reduce the
level of workload that numerous courts currently have throughout Ukraine.
Besides, given the ongoing COVID-19 pandemic, it can be argued that the
use of electronic litigation means by the judicial agencies of the country
will, rst of all, signicantly reduce the risks of face-to-face contact between
persons involved into litigation; secondly, it will assist to administer justice
in remote parts of the country.
Changes in IT information technologies in the judiciary have become
particularly evident in the context of the pandemic in an urgent need to
le documents electronically, hold online court hearings, and the need
to respond and eorts to ensure justice are imposed (Bakaianova et al.,
2020). For example, these may be hard-to-reach places that belong to that
category due to natural disasters, settlements that are at a considerable
distance from district centers, etc. It is known that natural disasters such
as oods are extremely common phenomenon in Ukraine, especially on the
West and South-West of the country. The country’s inability to hold court
hearings during such force majeure conditions has been a serious problem
in the past. In addition, it ruined the country’s image.
The purpose of the article is to determine the perspectives of electronic
judicial proceedings’ development in Ukraine. In this regard it is planned to
solve the following tasks: to carry out the analysis of the current state of aairs
in the sphere of electronic judicial proceedings in the developed countries
of the world; to conduct a comparative analysis of the forms, methods and
means of carrying out electronic judicial proceedings in dierent countries;
to dene the possible ways of implementing the progressive forms and
methods of electronic judicial proceedings’ organization into national
judicial system.
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1. Methodology of the research
The methodological basis of the work is generally scientic and special
methods of scientic cognition, which are used to achieve the set purpose.
The comparative and legal method has been used to study international
legislation regulating the legal provision of exercising electronic judicial
proceedings. The systematic approach is the basis for the analysis of the
legislation of Ukraine, the provisions of which determine the procedure
for submission of electronic documents to the court, as well as sending
procedural documents in electronic form by such participants in parallel
with paper documents in accordance with procedural law. The application
of the method of systematic analysis and generalization allowed us to
identify legislative gaps and conicts, on the basis of which scientically
based recommendations of theoretical and applied nature have been
formulated. The selected methods have been used within interrelation and
interdependence that guaranteed the comprehensiveness and objectivity of
the obtained results of the scientic research. This is really through that
the state of Ukraine is ensuring that issue of electronic judicial proceedings
should be carry-out using the international standard put in place in other
countries which has succeeded in using the said methods of proceedings.
Our concerned here is not just looking at the methods of application in
Ukraine, but rather to look at the diculties that may have made the issue
of electronic proceedings unsuccessful in Ukraine and how it can be remedy.
Examining only the methods of application is not enough in ensuring
eective electronic Judicial proceedings, rather the issue is in making sure
that electronic judicial proceedings should be eectively implemented
so that the rationale of justice should be ensure. The question is not just
accepting that this method of proceedings should be used in the country, but
rather than to question whether it has able in solving those inconsistencies
aecting the justice system, if not of what use is the methods important.
Every country has its ways that it function, and for a foreign system to be
accepted in a given country, it should be able in accepting the various norms
of the said country. The fact that the system or proceedings succeeded
in other countries, does not necessarily mean that it will be equally be
successful in Ukraine.
2. Results and discussion
One can condently state that electronic system of judicial proceedings
is currently one of the highest priorities both in the context of improving
the eciency of the judicial system and in the context of improving the state
system in general. It is the result of the constant development of the judicial
system throughout the existence of the judicial agencies in society. Despite
the existing calls in Ukrainian society for the introduction and development
70
Oleksandr Mykolaiovych Holovko, Irina V. Aristova, Volodymyr Viktorovych Shulhin y Andrii
Oleksiovych Sobakar
Perspectives of electronic judicial proceedings’ development: international experience and
possibilities of its application in Ukraine
of electronic systems of judicial proceedings in Ukraine, we can state that it
has not been fully implemented in Ukraine (Fabri and Lupo, 2012).
Thus, we currently see that electronic system of judicial proceedings fully
operates in only few countries, namely the United States, Canada, Australia
and the European Union Member States. All other states, although claiming
to have the means to conduct electronic judicial proceedings, actually have
only few tools that are not related to each other and cannot fully ensure the
functioning of electronic judicial proceedings (Lupo and Bailey, 2014).
According to the researchers of the above processes, there were several
reasons for the creation and implementation of an electronic judicial
proceedings system in the judicial agencies. First of all, electronic judicial
proceedings will signicantly reduce the funds that the state regularly
allocates for judicial agencies. Conduction of a whole list of court cases in
electronic format is considered more eective than organizing these cases
in the traditional format (Cano et al., 2015). Secondly, as foreign analysts
and researchers point out, the specics of legal trials, the introduction of
a full-edged system of electronic judicial proceedings will signicantly
reduce the burden on both judges and the entire judicial system.
Leading scholars tend to argue that the problem of overburdening of
some judicial agencies in Ukraine is considered almost critical. At the same
time, the absolute reality for the domestic judicial proceedings is that there
are certain courts that hear a small number of cases, and most other courts
do not cope with the terms for conducting court hearings (Arial, 2001).
In turn, researchers recognize it as a serious obstacle in exercising the
justice in the country. It is worth noting that unfortunately, it was typical
and traditional for Ukraine to have an overburdened judicial system. In
particular, it is noted that it is a consequence of inecient organization of
the functioning of judicial agencies.
Signicant organizational problems have been historically inherited from
the Soviet era, where a totalitarian political regime created and constantly
ensured the state of aairs, when low performance, poor organization and
numerous abuses were widespread.
Given the above, as well as based on data provided by researchers, we
note that low transparency of state authorities, restrictions on freedom
of speech and other prohibitions were among the key factors during the
Soviet Union era for transforming the courts into agencies that are sources
of corruption (Andrade and Joia, 2012).
Electronic system of judicial proceedings, which according to experts
could not be implemented in principle in the Soviet or any other totalitarian
system, largely eliminates the negative features of the human factor, which
a traditional judiciary has. In particular, we recognize the undoubted
advantage of the organizational capabilities of the former.
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Researchers, among other things, dene the functioning of electronic
system of judicial proceedings as one that plays a key role in “combining
law and technology” into something common. Indeed, scholars state that
technology is still able to signicantly improve the daily existence of the legal
sphere, and the law provides a kind of platform for high-tech achievements
of mankind for their practical application (Aiqa Mohamad Zain, 2018).
It has long been accepted as true in the developed countries of the West
that the functioning of electronic system of judicial proceedings should
be based on certain principles. Regarding such principles, it is stated that
they should ensure transparency in the functioning of mechanisms of
electronic judicial proceedings, as well as simplify the processes of judicial
proceedings in general. At the same time, the principle of equal access to
justice for all citizens must be ensured. The latter is one of the fundamental
elements of creating electronic judicial proceedings in general. The system
of the above mechanisms should have a simple and accessible interface to
each user, which assists the users to exercise their participation in the trial
(Afshar and Ahmad, 2015).
Analytical observers point out in this context that the creation of an
optimally functioning, reliable and at the same time simple and clear
system of electronic judicial proceedings is fully in the interests of the state.
It is especially true for statesmen who really focus their eorts on achieving
high performance in Ukraine in the eld of state system’s eciency and the
reality of the rule of law.
Researchers call the achievement of wide use of such systems by
participants in various lawsuits, as well as the further increase of the
capabilities of such systems as specic interests. Herewith, it will “justify”
the amount of money that was spent on the system of electronic judicial
proceedings and, along with this, clearly demonstrate the advantages of
such approach (Alshibly et al., 2016).
Other scholars argue that achievement of a necessary balance is very
important. It should exist between simple and convenient services of the
system of electronic judicial proceedings that would not create diculties
for the vast majority of persons involved in trials, but such system should
at the same time ensure the maximum opportunities in the eld of judicial
proceedings. It is this scientic and practical discourse of experts designed
to establish a correspondence between the “convenience” of any system of
electronic judicial proceedings and its real practical possibilities (i.e. its
eectiveness in general), is one of the main discourse in legal science of the
developed foreign countries (Saman and Haider, 2012).
In order to increase the eciency of electronic system of judicial
proceedings, as well as to ensure a consistently high demand, it is necessary
that such a system successfully solves key problems and neutralizes the
72
Oleksandr Mykolaiovych Holovko, Irina V. Aristova, Volodymyr Viktorovych Shulhin y Andrii
Oleksiovych Sobakar
Perspectives of electronic judicial proceedings’ development: international experience and
possibilities of its application in Ukraine
main shortcomings of the current traditional system of judicial proceedings.
Some of them have been listed above in this article.
Meanwhile, verbal battles between leading lawyers in Ukraine are only
over the meaning and reasonableness of introducing electronic judicial
proceedings, and discussions in the developed democratic countries
about the peculiarities of daily operation of electronic system of judicial
proceedings are almost non-existent.
We believe that any speculation, the essence of which is to invalidate
the certainly useful properties of electronic system of judicial proceedings,
should be stopped or should be refuted by other participants in such
discussions by providing clear and convincing facts in favor of the above
systems. In our opinion, electronic system of judicial proceedings should
become a mandatory and reliable element of daily processes related to
the administration of justice in the country. The basis of such a system
should be elements borrowed from the most successful mechanisms of
electronic judicial proceedings of the developed countries. It should also
be emphasized that the system of electronic judicial proceedings must
be well adapted to the possibilities of its continuous improvement. It is
recognized as important because technologies in today’s world are rapidly
changing and its capabilities are improving and expanding. Therefore, the
work on the introduction of such a system into the state structure should
be comprehensive and take into account the many peculiarities of daily
operation. Besides, it is emphasized that the system of electronic judicial
proceedings should be componentised, i.e. should consist of certain modules,
which, although operate together, but each has a separate purpose. In case
of temporary failure of one componentised element of the system, all others
will be able to continue to function stably. Currently, such a technological
property of electronic systems of judicial proceedings is becoming the most
desirable.
There are several systems of electronic judicial proceedings in European
countries, which are characterized by a high level of eciency, but instead
are quite easy for everyday use by the average user. Such systems include:
the Italian TOL, the Anglo-Welsh MCOL system and e-CODEX that is
the world’s rst interstate system of electronic judicial proceedings. It
should be noted that the latter operates throughout the territory of the
European Union Member States, strengthening and unifying their judicial
systems. Regarding the Italian TOL system, it should be noted that work
on its implementation has been underway since 2001 and was successfully
completed in 2005 through the ocial introduction and implementation of
this system. It was the rst major success in the development of e-justice
on the European continent. Certain prototypes of such systems were surely
created simultaneously with TOL, or even earlier. However, it is this Italian
system that has demonstrated the wide range of opportunities that e-justice
can provide.
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With regard to the British MCOL system, it should be noted that it
operates mainly in the civil law eld, as well as in the eld of relations
between the authorities and citizens, which are called administrative and
legal relations in Ukraine. The peculiarity of this system is its structural
component, which is aimed at constant interaction with users of the system
and is designed to provide continuous assistance to the trial participants.
Such assistance includes, but is not limited to, assistance for lling in court
documents and forms by the trial participants, verifying the status of a law
suit led by a trial participant, and creating opportunities for forming a
legal request for a court order or other restrictive orders.
The e-CODEX system is a unifying force between EU Member States and
has many useful functions, some of which are truly considered innovative
(Shepherd and Yeo, 2003). We note that most of the characteristic features
of this system are that they are implemented and distributed not within
a single state, but have the same eect in all EU Member States. It is, for
example applied to the issuance of court orders related to a particular case
that has legal force throughout the EU (a court of one EU country may decide
to seize property in another EU country, or property in several countries
at once). At the same time, there is a permanent possibility for each trial
participant in any EU country to be able to ll in certain documents or forms
while being in any EU country. This feature of wide interstate access to the
services of one system of electronic judicxial proceedings is also recognized
as completely unprecedented. It is possible that this system will operate in
Ukraine, in case of its accession to the EU.
Canada, as one of the most developed countries in the world, as well
as the country with the lowest level of violence and the lowest number of
oenses in North America, also has a fairly developed system of electronic
judicial proceedings (Leyh, 2016). Although, the work on the creation of
an electronic system of judicial proceedings began in the mid-1990s, but it
was failed for a long period of time and did not produce the desired results,
namely as an ecient and reliable system. In particular, the Ontario
Attorney General David Young after years of painstaking work on such a
system said: “We have invested heavily in creating and implementing this
system, taking on a lot of responsibility to taxpayers, but unfortunately the
system that was created, still has little useful to demonstrate”.
Some researchers attribute this issue to the low eectiveness and lack
of success in the early stages of Canadian systems of electronic judicial
proceedings in refusing Canadian provincial governments to cooperate
with the United States of America, where such systems have already been
active (Julian and Kelty, 2015). Thus, there was a fundamental decision to
create a Canadian system of electronic judicial proceedings or, to be more
precisely, several systems for each of the provinces. Researchers claim that
the direct result of the refusal of Canadian provincial governments to create
74
Oleksandr Mykolaiovych Holovko, Irina V. Aristova, Volodymyr Viktorovych Shulhin y Andrii
Oleksiovych Sobakar
Perspectives of electronic judicial proceedings’ development: international experience and
possibilities of its application in Ukraine
a single system of electronic judicial proceedings is the wide dierence
between the success and functionality of such systems between dierent
provinces. For example, the Ontario government has failed to establish a
more or less ecient system of electronic judicial proceedings, then the
local government of British Columbia province, which is situated in the
West part of Canada, has succeeded in establishing a powerful and ecient
system of electronic judicial proceedings that meets all high standards and
requirements of the present day. We believe that Canada is also a good
example for Ukraine.
Robot judges are involved for trials in Beijing. China has ocially
announced that an online program – female judges, guided by articial
intelligence – has been held for the rst time in the world in the online
service center at the Beijing Internet Court. Body, face, mimicry, voice and
actions: everything was modeled by a neural network. The prototype of
the virtual judge was an active female employee of the institution. It is the
second such trial in the country, the rst one was in 2018 in Hangzhou
city. This is not the rst time when China has demonstrated the work of
professional robots. For example, the virtual anchor of the Xinhua state
news agency caused last year an unprecedented stir in the media. Despite
the fact that the appearance of the anchor controlled by the neural network
caused some dissatisfaction, one cannot say that virtual employees will soon
replace the real ones. According to an ocial statement from the Beijing
Internet Court, the robot judge works with the help of such technologies
as the synthesis of language and images. The robotic specialist currently
performs only repetitive basic work. This means that it will be only used to
make court decisions and online projects, such as maintaining an ocial
Weitao website or providing advice at a service center (There was the trial
in China, 2019).
3. What are the steps made in Ukraine in order to implement
electronic judicial proceedings?
According to the conducted study, a modern, advanced state cannot
fully exist without the functioning of a fast and transparent system of
judicial proceedings. However, the current general state of automation
of the judicial system of Ukraine cannot be considered quite satisfactory.
Instead, the introduction of the latest information and communication
technologies will increase the eciency of judicial proceedings in terms of
comprehensive growth of informatization of society. It, in turn, will allow
to adhere to the relevant advanced principles, grounds and standards of
electronic judicial proceedings (Zuryan, 2020).
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We note that the order of the State Judicial Administration of Ukraine
No. 105 “On Implementing the Pilot Project Concerning the Exchange
of Electronic Documents between Court and Participants of the Trial”
was issued on September 7, 2012. That order approved the Provisional
Regulations for the Exchange of Electronic Documents between Court and
Participants in the Trial, which determined the procedure for submitting
documents in electronic form by court participants, as well as sending
procedural documents in electronic form to such participants in parallel
with paper documents in accordance with procedural law.
Generally, the order determined:
1) registration in the system of exchange of electronic documents
between court and participants in the trial;
2) the procedure of the user’s operation in the System;
3) the submission of electronic documents to the court by the user;
4) the receipt of electronic documents by the court;
5) sending electronic documents by the court to the user.
The System of exchange of electronic documents between court and
participants in the trial is a software package that is part of the web portal
of the judicial power, which provides the submission of documents in
electronic form to the court and sending documents electronically by the
court to the trial participants. The holder of this System is the State Judicial
Administration of Ukraine, which ensures its maintenance, monitors
the implementation of measures related to the protection of information
contained there, and performs other functions provided by the Regulations.
The Concept of the Electronic Court of Ukraine was also adopted in
2012. It considers the issues for building, improving and perspectives for
universal formats of interaction between document management systems
and record keeping. The system of automation of document circulation and
record keeping of the judicial system of Ukraine will speed up the terms of
consideration of issues related to citizens, enterprises and organizations,
as well as issues of interaction with other state agencies, the MPs of the
Verkhovna Rada of Ukraine.
Subsequently, a new order of the same name was adopted on May 13,
2013. It provided the introduction of the exchange of electronic documents
between courts and participants in the trial (criminal proceedings) in local
and appellate courts of general jurisdiction with the usage of an automated
court document circulation system in accordance with the Provisional
Regulations for the Exchange of Electronic Documents between Court
and Participants in the Trial approved by the order of the State Judicial
Administration of Ukraine dated from September 7, 2012 No. 105, except
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Oleksandr Mykolaiovych Holovko, Irina V. Aristova, Volodymyr Viktorovych Shulhin y Andrii
Oleksiovych Sobakar
Perspectives of electronic judicial proceedings’ development: international experience and
possibilities of its application in Ukraine
for the provisions on sending electronic documents by the participants in
the trial (criminal proceedings) to the court.
As of November 7, 2016, a new order of the State Judicial Administration
of Ukraine has been in force in Ukraine, which approved the Provisional
Regulations for Sending Electronic Documents by the Court to Participants
in the Trial, Criminal Proceedings.
As we can see, the development of electronic judicial proceedings is an
important factor of ensuring the accessibility, transparency and eciency of
justice. Ukraine is gradually introducing world achievements of information
technologies into the domestic judicial system. However, those innovations
still pass through the prism of a complicated bureaucratic procedure. The
COVID-19 pandemic and related quarantine restrictions have signicantly
accelerated the processes of development and implementation of modern
telecommunication technologies.
The degree of eciency of the IP-court in Ukraine depends on the
denition of all these components of jurisdiction, which is currently the
key one at the initial stage of the formation of its legal base. The denition
of each principle creates the conditions for the operation of the second
principle, which makes it impossible for them to function independently.
However, each of the principles of the judicial system plays an independent
role in its construction and they all together contribute to the eective
organization and legal functioning of the judicial system in general, and the
activities of the IP-court in particular (Volovyk, 2020).
Conclusions
Summarizing all the indicated in the article statements and scientic
views of scholars and researchers who studied the characteristic featuress
of the functioning and purpose of electronic systems of judicial proceedings,
as well as analyzing the possibilities of implementing such systems in
Ukraine, we state that the electronic system of judicial proceedings is
denitely useful for exercising justice in the country. In particular, having
studied specic examples of the functioning of electronic systems of judicial
proceedings in a number of developed and democratic world countries that
have fully implemented electronic systems of judicial proceedings, we tend
to conclude that Ukraine denitely needs a system that would be common
for the whole country.
Thus, we argue that the implementation models typical for federal
countries, where each administrative and territorial unit has its own
electronic system of judicial proceedings, are completely undesirable for
Ukraine. Instead, given the unitary form of government in Ukraine, we
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Vol. 39 Nº 70 (2021): 66-79
believe that only a common system of electronic judicial proceedings will
be an appropriate way to increase the eciency of the domestic system of
providing and exercising the justice.
In order to create and further fully implement such an electronic system
into the structure of the domestic judicial proceedings, it is necessary
that several important criteria are met. For example, an independent
competitive selection should be made between such systems in order to
select the best one. It is also important to ensure that the future Ukrainian
electronic system of judicial proceedings is useful and highly ecient. In
particular, it is necessary to establish whether it really contains the best
successful practices of similar systems operating in the developed world
countries. We emphasize that the implementation of the above system is an
important and serious matter.
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Esta revista fue editada en formato digital y publicada
en octubre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº Especial
