Procedural Deadlines in Electronic Courts

BASE (basic) 7.08

advertisement

Марчук Тетяна

Lawyer

Ukraine / Nikolaevkskaya area

Document development up to 3 pages

Legal analysis of the situation

Change (Add\Delete) of NACE

Receiving a grant for your business

See more

Reading time: 8 minutes Total views: 36

Rate:

0

Publication date: 27.05.2024

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.

In the modern world, digitalization covers all areas of life, including justice. The implementation of electronic courts is one of the key directions in the reform of the judicial system of Ukraine. One of the important components of procedural law is procedural deadlines, which ensure the clarity and predictability of the judicial process. In an electronic court, these deadlines acquire special significance as they affect the speed and efficiency of case resolution.

The Concept of Procedural Deadlines

Procedural deadlines are time intervals established by law or by the court within which certain procedural actions must be performed. They contribute to the organization of the judicial process, ensure the timely protection of the rights and interests of the parties, and discipline the participants in the process.

Types of procedural deadlines:

1.  
2. Deadlines for submitting procedural documents. For example, deadlines for filing a lawsuit, a response, an appeal, or a cassation complaint.
3.  
4. Deadlines for the execution of court decisions. These are the deadlines for the voluntary execution of a court decision.
5.  
6. Other deadlines. For example, deadlines for appealing court rulings, deadlines for submitting motions, etc.

Features of Procedural Deadlines in Electronic Courts

A legal analysis of the situation determines that the implementation of electronic courts in Ukraine is regulated by the Law of Ukraine "On the Judiciary and the Status of Judges" and other regulatory legal acts. Electronic courts involve the use of information technologies to support the judicial process, including the submission of documents in electronic form, maintaining an electronic case file, and the exchange of procedural documents through electronic systems.

Features of procedural deadlines in electronic courts:

1.  
2. Operational document submission. Electronic courts allow documents to be submitted at any time, reducing delays associated with postal services.
3.  
4. Automated control of deadlines. The electronic court system automatically records the date and time of document submission, reducing the risk of missing procedural deadlines.
5.  
6. Electronic notifications. Participants in the process receive notifications about the progress of the case and the deadlines for performing procedural actions through the electronic system, enhancing awareness and prompt response.

Determining and Calculating Procedural Deadlines in Electronic Courts

The determination of procedural deadlines is carried out in accordance with procedural law. The same rules apply for calculating deadlines in electronic courts as for paper documents, but with some peculiarities:

1.  
2. Beginning of the deadline. The deadline starts the day after the event that determines its beginning. In the case of submitting a document in electronic form, the date and time of submission are recorded automatically.
3.  
4. End of the deadline. The deadline ends on the corresponding day, and if this day falls on a weekend or holiday, the deadline is extended to the next working day.
5.  
6. Extension and restoration of deadlines. For valid reasons, parties may petition the court to extend or restore a missed deadline. In an electronic court, such petitions are submitted in electronic form.

Problems and Challenges

Despite the obvious advantages, electronic courts face several problems and challenges related to procedural deadlines:

1.  
2. Technical failures and access issues. Lack of internet access or technical failures can result in missed procedural deadlines.
3.  
4. Legal literacy of participants. Not all participants in the process are sufficiently knowledgeable about the rules of working with electronic courts, which can lead to errors in meeting deadlines.
5.  
6. Information protection. Issues of cybersecurity and personal data protection are critically important for ensuring the reliability of electronic courts.

Ways to Improve

The legal analysis of the situation and the analysis of the documents indicate that to overcome these issues and enhance the efficiency of electronic courts, it is necessary to:

1.  
2. Improve technical infrastructure. Ensure uninterrupted access to electronic services, create data backups, and protect against cyberattacks.
3.  
4. Increase legal awareness. Conduct training and inform participants in the judicial process about the rules of working with electronic courts.
5.  
6. Improve legislation. Amend procedural legislation to take into account the specifics of electronic courts, particularly regarding the calculation of procedural deadlines.

Conclusion

Procedural deadlines play a key role in ensuring the efficiency and predictability of the judicial process. The implementation of electronic courts opens up new opportunities for optimizing judicial proceedings, but it requires consideration of the specifics of electronic document management. Systematic work on improving technical infrastructure, increasing legal awareness, and adapting legislation will contribute to the further development of electronic courts in Ukraine and ensure fair justice for all participants in the process. That is why the lawyer's consultation or written consultation a lawyer will be useful during the consideration of legal cases in court.