ДО ПИТАННЯ ДІДЖИТАЛІЗАЦІЇ СУДОВОГО ПРОЦЕСУ (НА ПРИКЛАДІ ЦИВІЛЬНОГО ПРОЦЕСУ УКРАЇНИ)

Abstract

The article reveals the problems and possibilities of introducing a remote form of civil justice in Ukraine in accordance with international law and European Union law standards, as well as taking into account the operation of special legal regimes on the territory of Ukraine: martial law or state of emergency regimes. The object of the study is procedural relations that arise in connection with the protection of the rights or interests of individuals, legal entities, and the state in civil proceedings, and which are burdened by the effect of the legal regime of martial law or a state of emergency on the territory of Ukraine. The purpose of the study is to establish the possibility of implementing a remote form (remote mode, online mode) of conducting civil proceedings in Ukraine in accordance with the standards of European Union law and taking into account the norms of the Constitution of Ukraine. The author's vision of modification of the procedural rights of persons in civil proceedings is proposed. The concept of "rights protection in civil proceedings" was further developed in terms of expanding its content. The concepts of "electronic justice" and "remote form of justice" were studied, and the relationship between these concepts was considered. It has been proven that the introduction of a remote form of consideration of civil cases is practically impossible without making appropriate changes to the legislation of Ukraine. Attention is drawn to the fact that this issue requires a comprehensive solution in order to create an appropriate legislative framework. In the article, the electronic court or electronic proceedings are considered as an element of a remote form of judicial proceedings, which is introduced as an additional institution for the implementation of civil proceedings during the operation of a special legal regime established by law, and which will ensure remote consideration of cases in court within the limits, order and manner determined by the Code of Civil Procedure . Attention is drawn to the fact that electronic court proceedings, introduced in the civil process in a narrow sense, are understood as electronic document circulation and the holding of court hearings in video conference mode. It was established that for the science of civil procedure and practice, the problems related to the use of digitalization of justice, in particular the use of artificial intelligence in the judicial process, remain relevant and require further scientific research. The methodological basis of the study is the philosophical and legal basis of knowledge of social phenomena, in particular, those related to the protection, protection and restoration of the rights of individuals (citizens and legal entities) in the civil process. The article uses dialectical, systemic-structural, normative-logical, sociological, comparative-legal methods of cognition. Based on the results of the research, it is proposed to improve the norms of the civil procedural legislation of Ukraine.