Ihor Shevchenko on Digitalization of Ukrainian Court

Ihor Shevchenko on Digitalization of Ukrainian Court

“Ukrainian Lawyer”, No. 7 (1103) of 12 February 2019

Interview with Ihor Shevchenko, Legal innovation Officer, Councel of IT/IP Practice

1. What is your opinion about the prospects of digitalization of the Ukrainian court? When do you expect the court to be a full-fledged “e-court”?

I am optimistic about digitalization of the Ukrainian court. In my opinion, the implementation rates of electronic court are rather high now. There is a video record system at court sessions which will be included, among other things, into the Uniform Judicial Information and Telecommunication System. The current requirements of the Public Judicial Administration related to adoption of Law of Ukraine No. 2147 - VIII dated 3 October 2017 “On Amendments to Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Administrative Court Procedure Code of Ukraine and other Legislative Acts” promote this process.

Even before the implementation of the Uniform Judicial Information and Telecommunication System, there were options to file electronic documents to a court, as the Law “On Electronic Documents and Electronic Document Flow” had been effective since 2003. However, most citizens did not use this option to avoid a risk of deviating from a well-established procedure for handling paper documents. The things are different now, as the state demands it from judges. Of course there will be opposition, sabotage and complaints about insufficient equipment support or inability to operate a computer, about misunderstanding of electronic documents, but in couple of years the majority will wonder how it was possible to work other way.

Such opinion is based on our experience in implementing an internal IT system and observing how lawyers’ attitude changes towards it. The transition of old documents into electronic form will also be a problem, but I believe there will be means to settle such issue.

2. What procedure for certification of copies of digital evidence and, in particular, information on the Internet, do you apply most often?

The procedure for certification of copies of digital evidence is provided for in the relevant articles of procedural codes, namely their signing using a digital signature (currently, in accordance with the Law “On Electronic Trust Services”, using a qualified digital signature). Another matter is to ensure admissibility of evidence we certify. We register information from the Internet using a well-established and tested procedure using all our technical knowledge or, if necessary, involving a technical specialist. The registration procedure is reflected in a lawyer’s protocol. In parallel, we use the web.archive.org service.

The full article is available in ukrainian through the link.

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