DIGITALISATION OF CIVIL PROCEEDINGS: NOVELTIES AND PROSPECTS

Abstract

Background. The study focuses on the little-studied aspects of digitalization of civil proceedings, in particular, ensuring the possibility of enforcing court decisions through the "Electronic Court" subsystem of the Unified Judicial Information and Telecommunication System (hereinafter – UJITS), the status of electronic powers of attorney and the requirements to them in the course of court proceedings, as well as the risks of using artificial intelligence in civil proceedings. The author analyses the terminological distinction between the concepts of "digitalization" and its variations in the context of judicial proceedings and draws attention to the lack of regulatory certainty and a unified approach in the doctrine regarding these concepts. The article aims at developing scientific research in this area and raising legal awareness of specialists.  
Methods. In the course of preparation of the article, the author used dialectical, comparative legal, formal and logical, systemic and structural, and other methods of scientific knowledge, which contributed to a comprehensive study of certain aspects of the digitalization of civil proceedings. 
Results. The study has confirmed that digitalization is a strategic direction for reforming the judicial system of Ukraine, driven by both global trends in the development of information technology and national challenges caused by the COVID-19 pandemic and full-scale war. The author proposes an approach to distinguishing between the concepts of "digitalization" and its variations and focuses on the need to eliminate terminological gaps in legislation. The study shows that despite positive steps towards improving the situation with the enforcement of court decisions, international experience remains relevant for borrowing. The author analyses the case law on powers of attorney formed through the "Electronic Court" subsystem and identifies the risks arising from the idea of introducing artificial intelligence into the field of justice.  
Conclusions. Digitalization of the judicial system is inevitable but requires a comprehensive approach. It is important to eliminate regulatory gaps, clearly regulate the status of electronic powers of attorney, and develop legal mechanisms for integrating artificial intelligence without violating the fundamental principles of justice.