Dematerialization of Court Proceedings: Reality or Abstraction?

Анотація

In this article the author investigates both theoretical and practical aspects of the process of dematerialization of court procee -dings. The current work relies on a comparative study of international and national legislation on the possibility and methods of theimplementation of ICT in the judiciary. The author thus has analysed the ways to optimize the judicial process and increase the efficiencyof justice. According to the results of the study, the process of dematerialization of court proceedings should be understood asan introduction of the ICT in the judiciary, creating appropriate conditions for processing, storage and usage of procedural documentsin electronic form. The latter is meant to enhance the speed of information exchange between the litigants and increase the efficiencyand transparency of justice. The author found that the dematerialization of litigation and the use of ICT in the judiciary, expanding theuse of electronic means of communication between all participants in the judiciary has become an important and necessary element ofeffective functioning of the judiciary as a whole. It is noted that the planned abandonment of the paper version of documentation is welcomednot only for reasons of optimization and simplification of the document exchange process, preservation and record keeping, butalso in the view of environmental safety issues. The potential risks of the dematerialization process have been outlined: restriction ofaccess to justice for vulnerable groups, observance of confidentiality of digital information, restriction of procedural rights of participantsin the judiciary, software imperfection for legislative regulation, etc. The author finds that the minimization of these negative consequencesis possible by taking into account the software development of electronic document management in the judiciary, and notonly the purely technical aspects. First of all, we should proceed from the priority tasks and functions of justice, as well as the need toensure the priority of protection of individual rights.

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