How can a lawyer file documents when the E-court is up?
Over the past few months, the E-court subsystem of the Unified Judicial Information and Communication System (UJICS) has become more frequent. The service is very slow or the page is unavailable. This creates obstacles to the practice of law.
The Ukrainian National Bar Association drew attention to this problem in a letter to the Verkhovna Rada Committee on Legal Policy and the High Council of Justice.
Earlier, the legislation introduced the obligation for parties to proceedings to register electronic accounts in the UJICS and determined the procedure for the court to serve documents in cases exclusively in electronic form by sending them to the electronic account (Laws No. 3200-IX of June 29, 2023 and No. 3424-IX of October 19, 2023).
Attorneys have also registered electronic offices in the E-court to receive and submit documents to the court. System malfunctions, problems with power supply, and Internet instability significantly affect their ability to organize their work. At the same time, these obstacles are not always accepted by the court as grounds for postponing the court hearing or extending the deadline for submitting procedural documents.
Art. 14 of the CPC, Art. 6 of the EPC, Art. 18 of the CAP stipulate that in the conditions of martial law or a state of emergency, in case of a power outage in the court or other circumstances that make it impossible for the UJICS to function, the court may serve any documents in cases in which such a person participates in paper form to the person who has registered the electronic cabinet.
Today, the procedural legislation defines two forms of submitting documents to the court for entities that have electronic offices in the UJICS: paper and electronic (through the E-court subsystem).
At the same time, there are cases when a procedural document needs to be submitted to the court urgently or the location of a party to the case is outside the location of postal services.
In view of these circumstances, it would be worth supplementing the procedural legislation with a provision stating that in case of confirmation of the technical impossibility of using the E-Court subsystem, a party to a case who is obliged to submit documents in electronic form exclusively using the electronic cabinet in the UJICS may submit procedural documents signed with a qualified electronic signature and evidence of the impossibility of using the E-Court subsystem to the official e-mail address of the court.
For the full text of the UNBA's proposals, please follow the link.
Popular news
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
Abroad
Where is the line between respect for the court and the dignity of an advocate?
Ukrainian advocates sometimes complain about condescending attitudes or tactless remarks from judges. But such conflicts are not unique to Ukraine. In various countries, advocates raise issues of communication culture in court, mutual respect, and the inadmissibility of humiliating participants.
Discussion
Occupational safety during wartime: legal risks and employer liability
On October 21, the National Bar Association of Ukraine held a round table discussion on «Occupational safety in conditions of martial law». Participants discussed how the war has changed the requirements for safe working conditions, what guarantees remain for employees, and what responsibility employers bear for violations of legislation in this area.
Abroad
The Czech advocacy has spoken out in defense of the professional independence of its Ukrainian colleagues
The Czech Bar Association (Česká advokátní komora, ČAK) will appeal to Ukrainian President Volodymyr Zelenskyy and Ukrainian authorities to ensure the preservation of the independence of advocacy in Ukraine.
Legal defence of military personnel
When agreement is (im)possible: family disputes involving military personnel
The number of family cases involving military personnel is growing, with the most common issues being divorce, division of joint property, alimony, deprivation or contestation of parental rights, adoption, establishment of guardianship, and cases related to domestic violence.
Self-government
Marina Stavniychuk: The UNBA is a professional organization, not a monopoly
A unitary state requires uniform standards for access to the profession and disciplinary responsibility, which is why the Ukrainian National Bar Association acts as a professional organization. Accusations of monopoly are false, because public associations cannot replace professional self-government.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences