Publication date: 21.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
The "Electronic court" system is an innovative service that provides the possibility of submitting procedural documents to the court in electronic form, as well as receiving court decisions and other documents in electronic form. This tool is aimed at increasing the efficiency of the judicial system, reducing bureaucratic procedures and ensuring access to justice for all citizens. In this article, we will consider who can use the "Electronic Court" system, in particular, which entities have the right to access this service, and which legal norms regulate this process.
Entities entitled to use the "Electronic Court" system
Citizen of Ukraine
First of all, the "Electronic Court" system is open to all citizens of Ukraine who need judicial protection of their rights and interests. Every citizen can file a claim, appeal or cassation complaint, as well as other procedural documents in electronic form using this system. To do this, you need to have a qualified electronic signature (KEP), which confirms the identity of the user and ensures the authenticity of documents.
Legal entities and their representatives
Legal entities such as companies, organizations and institutions can also use the "Electronic Court" system. Representatives of legal entities can submit documents to the court on behalf of their organizations, if they have the appropriate authority and KEP. This allows to simplify the procedures and speed up the process of consideration of cases.
Lawyers and lawyers
Advocates and lawyers play a special role in the use of the "Electronic Court" system.They can provide their clients with attorney advice and legal advice regarding the use of this system. Lawyers can submit procedural documents on behalf of their clients, which allows for professional support of the case at all stages of the court process.
Public authorities
State authorities, including law enforcement agencies and judicial institutions, also have the right to use the "Electronic Court" system. They can submit documents and receive court decisions in electronic form, which facilitates more efficient interaction between different government structures.
Requirements for electronic documents
Electronic documents submitted through the "Electronic Court" system must meet the requirements of the Law of Ukraine "On Electronic Documents and Electronic Document Management". They must be signed with a qualified electronic signature that confirms the authenticity and integrity of the document. According to the Law of Ukraine "On Electronic Trust Services", a qualified electronic signature has the same legal force as a handwritten signature.
Procedural rules
Procedural codes determine the procedure for submitting electronic documents to the court. For example, Article 43 of the Civil Procedure Code of Ukraine provides that the parties to the case can submit documents to the court in electronic form through the official web portal of the judiciary. Similar norms are contained in other procedural codes.
Consultation of a lawyer
Lawyers can provide professional advice on the correct use of the "Electronic Court" system.They can help with the preparation and submission of electronic documents, ensure the correct execution of procedural documents and provide a legal analysis of the situation that has arisen.
Consultation of a lawyer
Lawyers can also provide advice on the use of the "Electronic Court" system. They can help clients understand the legal aspects of submitting documents electronically, conduct document analysis and provide recommendations for further actions.
Analysis of documents and legal analysis of the situation
Both attorneys and lawyers can conduct a detailed analysis of documents submitted to the court through the "Electronic Court" system. They can check the compliance of documents with the requirements of the law, provide written advice on the possible risks and advantages of submitting certain documents in electronic form.
Written consultation
In addition to oral consultations, attorneys and lawyers can provide written consultations regarding the use of the "Electronic Court" system. This can be useful for documenting recommendations and saving information for future reference.
Verification of documents by a lawyer
Before submitting documents to the court through the "Electronic Court" system, it is important to check the documents with a lawyer. This will help to avoid mistakes and ensure compliance of documents with all legal requirements.
