АКТУАЛЬНІ ПРОБЛЕМИ ЗАСТОСУВАННЯ ОКРЕМИХ ІННОВАЦІЙНИХ ТЕХНОЛОГІЙ У ПРОЦЕСІ РОЗГЛЯДУ КЛОПОТАНЬ ПРО ВИЗНАННЯ ТА НАДАННЯ ДОЗВОЛУ НА ПРИМУСОВЕ ВИКОНАННЯ РІШЕНЬ ІНОЗЕМНИХ СУДІВ

Abstract

The article is devoted to the problem of applying certain innovative technologies in the process of consideration by the courts of Ukraine of applications for recognition or granting of permission for compulsory enforcement of foreign judgments. The author analyses the provisions of the Civil Procedure Code of Ukraine that provide for the right of participants in cases to submit documents to the court in electronic form. Actual judicial practice of Ukrainian courts, both local and the Supreme Court, is also analyzed. The article highlights three main problems concerning the right of applicants to apply for recognition or enforcement of foreign judgments in electronic form. The first problem concerns inconsistencies in the provisions of Chapters 1 and 2 of Title IX of the Civil Procedure Code of Ukraine, namely the absence in Chapter 2 of any reference to the right of the applicant to file an application and its attachments in electronic form. The second problem arises from the content of the current edition of part 5 of article 466 of the Civil Procedure Code of Ukraine, which provides for the right to file an application in electronic form, but at the same time sets significant restrictions on the exercise of this right. This provision does not allow applicants to exercise their procedural rights in full and does not reduce the formalization of civil proceedings. The third problem relates to the unequal interpretation by Ukrainian courts of the provisions of civil procedure law and the lack of a unified approach to recognizing the right of applicants to submit documents to the court using the court's official e-mail address. Developing these issues, the author quotes judicial practice, which demonstrates the absence of a sustainable and unified approach and confirms the author's conclusions regarding the above-mentioned problems. Summarizing the research and practical analysis, the author stresses the importance of taking a broad approach to the interpretation of the legislation governing the procedure for filing documents in electronic form, in the current context of martial law in Ukraine. In the conclusion to the article, the author gives practical proposals for solving the three problems identified in the article.