Perspectives for the Application of Remote Justice after COVID-19 Pandemic

Abstract

The article studies the influence of COVID-19 pandemic on the implementation of information and communication technology while delivering justice. Rapid spread of SARS COVID-19, connected with the introduction of quarantine limitations and introduction of anti-epidemic measures greatly contributed to the development of electronic justice. The core reason for the misapprehension has been uncovered to determine the concept of electronic justice and its structure as well as the name and content of its separate elements. It also provides supporting points for the usage of the concept of remote justice on the national level, which is viewed as a separate element of electronic justice and envisages сase hearing and deciding with the help of information and communication technology without the mandatory presence at the courtroom. Previous research and court practice prove the controversial impact of remote justice on the parties’ rights and the justice efficiency. Attention is drawn to the importance of conducting scientific analysis of remote justice from the point of view of its unprecedented volume of implementation. A number of countries have adopted the system of holding remote court trials as a main form of hearing a case while other exceptions had to be conditioned. In such cases court hearings are delivered by means of audio or video conferences when the parties, their representatives, judges and court employees are outside the courtroom. In-depth study of the ways to carry out remote justice, analysis of its benefits and problematic aspects will give an opportunity to precisely assess the prospects of remote justice implementation on a regular basis particularly in Ukraine. The article justifies an idea that the assessment of the remote justice impact on the delivery of the personal right of the court protection should be carried out by means of adherence to and full implementation of constitutional principles of judicial proceedings. It is essential to characterize how completely the equality of the court trial parties is proved in front of the law and court during the remote delivery of justice; it is also applicable to the competitiveness of the parties, freedom to provide proofs to court, proving of them in front of the court, transparency of the trial etc. It has been concluded that the scientific analysis of opportunities which are provided by the independent implementation of constitutional concepts, which are held by remote justice will serve as a source of information to decide on the future volume and formats of implementation of this form of justice in Ukraine.