Access to Justice in Eastern Europe (Aug 2022)
The Implementation of E-justice within the Framework of the Right to a Fair Trial in Ukraine: Problems and Prospects
Abstract
Problems and prospects for the implementation of the concept of e-justice within the framework of the right to a fair trial in Ukraine are especially relevant today due to the digitalisation of state and legal relations. The components of the right to a fair trial and their relationship to the implementation of e-justice; a system of legal regulation, recent legislative changes, current conditions, and prospects for the development of e-justice in Ukraine require further research. The author used the following methods to solve the relevant tasks: dialectical – problems in the functioning of e-justice in Ukraine; historical analysis –the evolution of the legal regulation and the scientific, legal doctrine of e-justice; analysis and synthesis – analysis of legal regulation, recent legislative changes, the current state of and prospects for the development of e-justice in Ukraine; deduction – allowed the author to move from the general provisions of legal theory to the application of these postulates in the study of e-justice; system analysis – suggesting ways to overcome the problems in the functioning of e-justice in Ukraine; formal and dogmatic – providing an analysis of the norms of current legislation; theoretical modelling – formulating the draft of legislative changes; comparative – a study of foreign experience in the legal regulation of e-governance, taking into account the practice of justice in Ukraine. The author has identified problems in the functioning of e-justice in Ukraine and normative, legal, material, technical, and organisational problems in realising the principles of the right to a fair trial for citizens of Ukraine, taking into account the concept of e-justice as a component of e-governance. To solve these problems, the following are proposed: normative regulation of the procedure for submission and examination of e-evidence; certification and standardisation of computer equipment and software in the field of e-justice; legal education activities of the state in terms of promoting e-governance; improving the computer literacy of citizens and civil servants.
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