Problems of digitization of judicial proceedings in Ukraine

The article is devoted to the issue of digitalization of the justice system in Ukraine, which is considered one of the promising directions for enhancing the quality of judicial services to individuals and legal entities. The author analyzes the issue of digitalization of justice in the context of electronic support for court activities and in the aspect of the gradual introduction of digital justice, where certain judicial functions will be transferred to information systems. It is noted that the widespread implementation of software and hardware means of electronic support of the activities of courts and the broad development of the legal culture of working with information and communication systems not only of court employees, but also of the case parties themselves, is a mandatory prerequisite for the transition to a fundamentally new philosophy of the judiciary - to digital justice, when artificial intelligence technologies will be directly involved in the process of administering justice. As a result, the author concludes that over the past quarter-century, Ukraine has made significant progress in the electronic support of the justice process. Courts have mainly been computerized, web portals of judicial authorities have been created, several online registers (primarily, the Unified State Register of Judicial Decisions) are functioning, and opportunities for remote communication with the court have been made at all stages of the case (submission of procedural documents to the court, consideration of the case in videoconference mode, receipt and subsequent presentation for execution of electronic executive documents). At the same time, the system of electronic support for judicial proceedings still faces technical barriers, the conservatism of case parties, and imperfections in the current legislation. It is expected that, provided adequate funding, a comprehensive educational campaign, and consistent improvement of the bill are implemented, the system of electronic support for judicial proceedings will ensure the complete replacement of paper document circulation in court practice. In contrast, the process of transitioning to an electronic justice system is much more complex, primarily from a legal and ethical point of view, which would involve not a simple automation of the work of a judge, but a partial removal of the judge (a person) from the process of administering justice and the transfer of relevant functions to a machine. This idea requires deep understanding and additional scientific research due to the significant risks that arise with its possible implementation. At the same time, taking into account the objective nature of scientific and technological progress, Ukraine will be forced to introduce appropriate practices, starting with the so-called cases of minor complexity (minor cases), with a gradual expansion of the scope of application of artificial intelligence systems and the principles of functioning of smart contracts as relevant experience is gained in the future.