ELECTRONIC JUSTICE: STAGES OF IMPLEMENTATION IN UKRAINE AND ANALYSIS OF JUDICIAL PRACTICE

Abstract

In the context of the development of the information society and the digital transformation of public administration, the implementation of electronic judicial proceedings has become particularly relevant as an important tool for ensuring efficient, accessible, and timely justice. The digitalization of Ukraine’s judicial system has become a natural stage of judicial reform aimed at increasing the openness, transparency, and efficiency of court proceedings. At the same time, digital transformation processes have gained particular importance during the COVID-19 pandemic and under martial law, when it became necessary to ensure the uninterrupted functioning of the judicial system and the realization of the right to judicial protection through the use of modern information and communication technologies. The article provides a comprehensive study of the stages of formation and development of electronic judicial proceedings in Ukraine. It analyzes the legal and regulatory framework for the digitalization of the judiciary, the peculiarities of the establishment and functioning of the Unified Judicial Information and Telecommunication System (UJITS), its individual subsystems and services, including the “Electronic Court” subsystem, electronic document management mechanisms, remote participation in court hearings, and the use of electronic identification tools by participants in judicial proceedings. Particular attention is paid to the analysis of the case law of the Criminal Cassation Court within the Supreme Court concerning the use of electronic documents, the submission of procedural applications through electronic services, the admissibility of electronic evidence, and the protection of procedural guarantees of participants in criminal proceedings. The positive experience of the Republic of Estonia in the field of justice digitalization is examined, and the possibilities for its adaptation to Ukrainian realities are identified. The study reveals the main challenges affecting the functioning of electronic judicial proceedings, including imperfections in certain provisions of procedural legislation, technical failures of electronic systems, insufficient uniformity of judicial practice, and risks of violations of the procedural rights of participants in judicial proceedings. Based on the results of the research, proposals are formulated for improving the criminal procedural legislation of Ukraine, enhancing the effectiveness of the UJITS, and ensuring an appropriate balance between technological innovations and the guarantees of a fair trial.