Digitization of the court as a way to introduce remote operation of general jurisdiction courts under martial law
Authors: DURACH O. 
Published: December 2024

This article is devoted to defining the concept of remote work of the court under martial law, determining the possibility of ensuring it by carrying out complete digitalization of the work of the court, in the field of administration of justice, ensuring the document flow of the court, creating an electronic archive of the court, which will allow us to move away from paper processes and ensure compact storage of information contained in court cases, personnel and service documentation. The article reveals one of the main conditions for ensuring the transition to a digital format of the court’s work - ensuring the security of received data from unauthorized access, including establishing responsibility for such actions at the legislative level.Under martial law, the issue of digitalization of the court has become the most pressing. Participants in proceedings actively use the “Electronic Court” subsystem to submit procedural documentation and obtain appropriate decisions, for which electronic offices are being created, and court hearings, in particular in front-line regions, are successfully held via video conference. To ensure the work of the court, in particular courts of general jurisdiction, under martial law, some courts in the front-line regions are introducing remote work. As an organization of an enterprise operation, this form of work is regulated by Art. 60-2 of the Labor Code of Ukraine, however, in the Law of Ukraine “On the Judicial System and Status of Judges” this was not reflected, nor was the activity of courts in general under martial law. The procedural codes, in turn, also did not undergo changes in terms of determining the place of administration of justice under martial law. And it is precisely in the conditions of a “legal vacuum”, when, on the one hand, the possibility of remote work of the court is provided for and not prohibited by law, the long period of use of such work by the courts of front-line regions (2.5 years),with high performance indicators, a minimum number of complaints also indicates the effectiveness of such an organization of the court’s work, the legislator has not fixed this completely, the corresponding legal initiatives have been put on pause. However, as practice shows, the possibility of remote work of the court depends entirely on its digitalization, and the digitalization of the court receives a significant impetus for development precisely thanks to the organization of the court’s work. And here it would not be superfluous to talk about the relevance of digitalization of the court not only in wartime, but also in peacetime, since in this case it will only benefit both the judges and the court apparatus (will speed up, facilitate work, prevent the loss of proceedings, applications, provide the opportunity to quickly find them and ensure reliable and compact storage), but also for citizens (will improve access to court, save time and money for appearing at court hearings, sending and receiving procedural documents.) In addition, the digitalization of the court, although it will require significant investments in software, providing the court with high-quality equipment as tools for digitalization, training of relevant specialists, as well as the court employees themselves, as they say the managers of these services, will, however, provide an opportunity to save on storage costs in the future paperwork (specially equipped premises with a large area are not required), and in general, resources for the formation of paper production).