Ensuring the right to access to justice in the context of digitalization of civil proceedings

Abstract

The article analyzes the practical problems arising in the process of introducing electronic technologies in civil proceedings with a view to ensuring citizens’ access to justice. It is established that the introduction of electronic information processing systems in civil proceedings is a necessary step in the development of justice and ensuring access to fair justice for all citizens, especially in times of crises, such as a pandemic and martial law. The article examines the innovations related to the implementation of the Unified Judicial Information and Telecommunication System (UJITS) and the Electronic Court, identifies additional features of the system for litigants, as well as their impact on access to justice and fairness of the judicial process. Particular attention is paid to the analysis of case law, including domestic case law and the case law of the European Court of Human Rights. It is concluded that digitalization of civil proceedings is an added value to the traditional system of access to justice, and technical problems cannot affect the exercise of citizens’ rights to access to court and fair trial. At the same time, courts should provide flexible procedures that should take into account various technical limitations and ensure access to justice for all citizens. The article examines the practical aspects of the use of digital technologies in notifying the parties to a case about the trial and its results and the use of videoconferencing. Based on the case law, the author analyzes the mistakes made by courts when using electronic means of notification of participants. The author concludes that digitalization of civil proceedings opens up new opportunities for ensuring a fair trial, but at the same time creates certain challenges which require timely and systematic resolution.