Selected aspects of informatisation of judicial enforcement proceedings

Abstract

Objectives The aim of the study is to present an advanced process of informatisation of court enforcement proceedings, which is a derivative of the progressive computerisation of social life. As part of the considerations presented, not only the provisions of the Code of Civil Procedure relating directly to enforcement actions carried out in enforcement proceedings, but also the provisions of laws governing the profession of bailiff, will be analysed. Material and methods The study uses a dogmatic method, which is the analysis of legal texts and interpretation of the obtained legal norms to the extent necessary to determine the fundamental interpretative problems in the area of informatisation of enforcement proceedings. In turn, the analytical method refers to the examination of the achievements of civil procedural law doctrine and the case-law of the courts in relation to the solutions transferring enforcement proceedings to IT systems. Results An analysis of the current statutory provisions relating to the informatisation of judicial enforcement proceedings shows that this is a process in statu nascendi, because the instruments introduced in this regard only to a certain extent implement the postulate of optimising the use of new technologies in order to improve the efficiency of proceedings. The lack of sufficient solutions to tackle digital exclusion, with the simultaneous use of hybrid solutions, contributes to weakening trends in the deployment of new technologies. Conclusions In judicial enforcement proceedings, the informatisation of procedural and enforcement actions is introduced, both directly in relation to enforcement proceedings, as well as in the sphere of communication between the authority and participants. This makes it possible to speed up and increase the effectiveness of enforcement proceedings.

Keywords

• judicial enforcement proceedings
• informatisation
• computerisation
• civil proceedings
• bailiff