THE PROBLEM OF THE CORRELATION BETWEEN THE CONCEPTS OF "ELECTRONIC JUSTICE", "ELECTRONIC PROCEEDING" AND "ELECTRONIC COURT" IN THE CIVIL PROCESS OF UKRAINE

Abstract

The development of information technologies and widespread digitization do not leave aside the legal system of Ukraine, including the national civil process. Thus, the introduction and use of electronic tools in the process of justice administration is a relevant topic for a research. The article is devoted to the analysis of the relationship between the concepts of "electronic justice", "electronic proceeding" and "electronic court", which are widely used in scientific researches and various legal acts, but still their legal content and correlation remain the subject of debate among scientists, as well as the question their functioning within the framework of the civil process of Ukraine. The article examines basic concepts of "court", "proceeding" and "justice", in order to determine their main functions and place in the "traditional" judicial system. In this way, justice is considered as the activity of courts, aimed at the consideration and resolution of court cases, proceeding - as a procedural form of court activity, and the court - as a governmental body authorized to administer justice in a special procedural form established by law. The provisions of the Recommendations of the Committee of Ministers of the Council of Europe CM/Rec (2009) were considered and analyzed in the context of electronic justice definition specified in them. The legal regulation of electronic justice in the civil process of Ukraine was analyzed, including the implementation of the Unified Judicial Information and Telecommunication System (ESTIS) and its subsystem "Electronic Court", as well as the issue of the difference between its name, fixed in the Civil Code of Ukraine (ESIKS) and the proposed (ESITS) in a researched Concept of the branch program for informatization of courts of general jurisdiction and other institutions of the judicial system and Regulations on the procedure for the functioning of individual subsystems of the Unified Judicial Information and Telecommunication System. An important part of the research in this article is the formulation of definitions based on the "traditional" concepts of "justice", "procedure" and "court" and the analysis of correlation between the concepts of "electronic justice", "electronic procedure" and "electronic court" taking into account the use of ICT for justice implementation. The study points to the conclusion that in the framework of the civil process of Ukraine, electronic justice is implemented in the form of electronic procedure, which is carried out using the ICT "ESITS (ESICS)" and its subsystem "Electronic court" as a mean of electronic justice implementation. Determination of clear boundaries between these concepts will contribute to the development of effective legal mechanisms that meet modern challenges and needs of society, ensuring transparency and accessibility of justice.