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

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Guarantees of the practice of law
Statement by the UNBA Committee on the «National Police investigation»
The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.
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