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.
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
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Discussion
Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?
During the pretrial investigation stage, the effectiveness of the defense depends to a large extent on the proper implementation of procedural safeguards: the timely consideration of complaints, the advocate’s access to information regarding the progress of the proceedings and so on.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Legal defence of military personnel
Advocates are expanding their legal support for the military and affected businesses
Legal assistance for military personnel should begin with simple and quick consultations, but it should not end there. Typical requests from brigades are compiled into summaries, digital services and proposals to government agencies.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
