E-Court failures violate constitutional guarantees – UNBA

Advocacy
18:05 Thu 29.02.24 177 Reviews
Print

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

The UNBA informed the State Judicial Administration of Ukraine, which, in accordance with the Regulation on the Procedure for the Functioning of Certain Subsystems (Modules) of the Unified Judicial Information and Telecommunication System, approved by the decision of the HCJ of 17.08.2021 No. 1845/0/15-21, is responsible for the proper functioning of the Electronic Court subsystem of the UJITS.

The lawyers also drew the attention of the SJAU to the fact that technical failures in the E-Court subsystem lead to a violation of the human right to access to justice and a fair trial guaranteed by Article 55 of the Constitution of Ukraine and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

According to clause 4 of the Regulation, the owner of the UJITS software is the state represented by the SJAU. UJITS operates on the basis of the main and backup data centers. Organizational and financial support for the creation and operation of individual subsystems (modules) of the UISIS is provided by the SJAU.

In view of this, the UNBA asked the SJAU to eliminate technical problems in the operation of the E-Court subsystem and to ensure the possibility of exercising the rights of litigants.

Popular news

Advocacy

Another model should be introduced for the FLA system, - Lidiya Izovitova

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

12:32 Tue 19.03.24 133

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 149

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 173

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 178

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 170

Advocacy

Attorneys' declarations: what does the changing position of the NAPC indicate?

When the Constitutional Court began to consider the case on the submission of declarations by representatives of the bar's disciplinary bodies, the National Agency for the Prevention of Corruption declared a constitutional crisis and threats to the entire declaration system. But earlier, officials had a completely different opinion on this issue.

17:43 Fri 23.02.24 149

Advocacy

The price of a claim for minor disputes will be significantly reduced - draft law

The current amounts of the claim price (as a criterion for classifying a case as minor) are significantly higher than the subsistence minimum and minimum wage and do not correspond to the understanding of the case and the dispute in it as minor. Accordingly, they should be revised downward.

16:58 Wed 21.02.24 131

Advocacy

The BCU has removed controversial issues of training standards for young lawyers

The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.

15:14 Thu 15.02.24 191

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл