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27JURIDICAL SCIENCES
E-JUSTICE IN UKRAINE AND THE WORLD
Vdovina O.
Candidate of Social Communication Аssociate professor department of ukrainian studies, culture and documentation National University «Yuri Kondratyuk Poltava Polytechnic»,
Ukraine Derevianko L. Candidate of Philological Sciences Аssociate professor department of ukrainian studies, culture and documentation National University «Yuri Kondratyuk Poltava Polytechnic»,
Ukraine
ABSTRACT
Ukraine, as well as the whole world, promptly moves in the direction of creation of new information society forward, one of signs of which is the translation of the maximum number of communications of usual activity of the person in electronic, information, a form. One of such spheres are legal proceedings. The purpose of article is the question E-justice research (electronic legal proceedings) and practice of his realization in the conditions of information society in the USA and the countries of Europe [1].
Keywords: electronic court, information technologies, court, judicial system.
Statement of a problem. Use of information systems and technologies for realization of electronic legal proceedings is striking trait of the leading countries of the world. Transition of vessels from conducting court sessions, traditional to a digital format, and document flow inevitably leads to transformation of judicial institute and his transition to an information and technological proshchineniye of activity. Now E-justice in different countries of the world is at different stages of development: in alone the adopted regulatory base according to which there will be an implementation of electronic legal proceedings and in others such systems are actively used more than three decades and show the efficiency which is shown not only in efficiency and speed of adoption of judgments, but also significantly affects transparency and a nezaangazhirovannost of the judicial system in general, defending also freedoms of the person and the citizen are right.
Article purpose. A research of practice of application E-justice (electronic legal proceedings) in Ukraine and the world, delineation of his advantages, shortcomings and efficiency of implementation.
Analysis of the last researches and publications. The research of questions of electronic legal proceedings was considered in works of many scientists and scientists, in particular the question of a communication component of electronic legal proceedings is considered in a dissertation research of A.A. Vdovina. [2]; A. Bryntsev. Century [1] in the monograph "Electronic Court in Ukraine" analyzes the domestic system of electronic judicial document flow and compares to current analogs in Europe; V. Bilous devoted Century [3] the work to consideration of the innovative directions of informatization of vessels. N. Kushakov-Kostitskaya considers Century
[4] electronic justice through a prism of the Ukrainian realities and foreign experience. Izarova the Deputy [5] analyzes the prospects of introduction of electronic justice in civil legal proceedings in Ukraine. Despite existence of the massif of works on similar subject, disclosure of a question of a role, value, efficiency, specifics of application in different countries e-justice (electronic justice) still remains open and demands further study.
Statement of the main material. Electronic justice (e-justice) - the innovative direction of legal proceedings which is a component of electronic control. Increase in number of lawsuits, growth of load of judges and the judicial system in general, increase in level of expenses inevitably asks about increase in performance of work of the judicial system in general.
One of the main directions of increase in overall performance of the judicial device and transparency of justice is application of IT. During implementation of these technologies in the judicial system legal and standard and methodical support of process of introduction of the automated systems of vessels, including processes of scheduling, control and assessment of efficiency of the specified processes is necessary. Electronic legal proceedings allow to provide openness and availability of justice, to lower load of the judicial system and to reduce the expenses connected with consideration of the case. However, use of E-justice the different countries has the features and specifics which will undergo from many factors, the most important of which is the level of development of the country [6]. In spite of the fact that world leaders in application of E-justice are Australia, Canada, the USA today the judicial systems in Bulgaria, Latvia, Lithuania, Moldova, Romania, Slovakia, Azerbaijan, Albania, Armenia, Macedonia, Russia,
Ukraine, Croatia are actively modernized and improved the Main attention in these projects is paid to electronic document management systems in courts, to the systems of audio- and video fixing and video conference-systems. Actively development got introduction of E-justice in Belgium, Great Britain, Greece, Denmark, Estonia, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Turkey, Hungary, France. Also practice of the African countries which actively introduce the complete technical solutions including electronic document management systems, the systems of audio- and video fixing, a videokonfents-system (Zambia, Uganda, Ghana) [7] is interesting. Electronic legal proceedings appeared in the USA in the late eighties and by means of some projects and experimental programs began to act on the constant basis. It is connected with the Memorandum of the system of electronic legal proceedings in the USA and England which summed up previously long-term practice of legal proceedings by means of computers and the world Internet. Main objectives of use of the equipment in legal proceedings became systematization of judicial documents (claims, statements, decisions, definitions, petitions, applications); unlimited access to them for everyone, and, first of all, lawyers who need easy and fast access to documents, necessary for the fast solution of business; use of a system all types of jurisdiction [8]. In the American legal practice there are two electronic systems providing electronic legal proceedings. The first of them - PACER (English Public Access to Court Electronic Records) operating since 1988 is a peculiar database of judicial documents with free access to her. The second system -CM/ECF (English case Management/Electronic Case Files) works according to 2001 and serves for submission of documents in court and has limited access. In the USA there is a tendency to growth of number of lawsuits in an electronic form, but the documents containing the data which aren't subject to disclosure usually give in writing and are stored in systems in a special format (PDF) that obezopaslyat them from change or destruction [9]. In Canada according to the statement of the party of process the court can make the decision on conducting electronic legal proceedings. At the same time the parties have to note how it is better to hold a meeting and what at the same time to use technologies. The paperless system of legal proceedings is widespread in the Canadian courts of all instances and provides use of online submission of documents, electronic access to judicial protocols, disclosure of information and use of technologies in the courtroom. Austria one of the first countries of Europe incorporated modern IT technologies in procedural law; I developed Elektronischer Rechtsverkehr (ERV) (system of electronic legal communication). Initially it was developed for communication between lawyers and vessels, but gradually it opened for others group of users.
In England since 2009 the experimental Program of electronic document flow (Electronic Working Pilot Scheme) on the basis of the Admiralty
(sea), Trade vessels, the London industrial and trade court at Royal Court (Commertial and London Mercantile Courts at the Ro the Order of her use is regulated by Rules of civil procedure of England works (Civil Procedure Rules, 1998). Further document flow also happens in an electronic form. Except the website of court it is possible to use e-mails, to send documents in an electronic form to CD - or DVD disks. However electronic submission of the claim in court in the USA and England isn't obligatory. In courts of Italy since 2005 the experiment on testing of "an electronic civil legal system" also began. The main requirements to her is a digital signing of the documents transferred in the electronic way and the certified e-mail address which each user has to have. Developers of a system predict considerable economy of means and time when using an electronic civil legal system [11].
The civil procedural code of Germany, for example, gives to participants of process an opportunity of participation in court session by use of video and audiozasob, electronic documents, delivery and delivery of documents, acquaintance with case papers in an electronic form, provides survey of electronic documents, broadcast of judicial proceedings from the courtroom to representatives and assistants to the parties which during judicial proceedings are in other place. In that case images and a sound are broadcast to the courtroom and the residence of the parties, their representatives and lawyers. If concerning the preparatory procedural documents attached to them petitions, statements of the parties and also explanations, the statements, the conclusions and statements of the third parties the written form is provided, then statement of the document is recognized an electronic form as sufficient and ought by the procedural legislation of Germany if such document can process court. Active steps in use of computer technologies in legal proceedings are taken in Belgium where since 2008 the Phoenix project which provides a uniform, synchronous and structural computerization of the judicial system works. In this regard the House of Representatives of Belgium adopted the law on conducting electronic judicial proceedings which provides corresponding changes in Judicial and Criminal procedural codes of Belgium and adoption of other bylaws. Similar trends are observed also in other countries [12].
Experience of the countries of the European Union (further - the EU) and the USA demonstrates that the latest technologies have a wide range of application in legal proceedings and the judicial system. It is possible to distinguish the following from them: electronic document flow in courts which provides a number of organizational and legal proceedings and their fixing by means of the special software; electronic form of appeal to the court; drawing up and submission to competent authority of the complaint to the judge for initiation of disciplinary production against him; electronic bases of judgments available to the general public; official web pages of judicial authorities which contain information on activity of
court, an order of appeal to the court, purpose of affairs in court, etc.
Analyzing experience of the foreign countries neighbors it should be noted progress of Poland in introduction of innovative systems on automation of legal proceedings also the deloproizvoditelnykh of processes in particular. For Poland also creation of uniform Electronic court in the state in Lublin is represented rather progressive. Cases (except criminal) in such court are considered in the mode of electronic procedures, that is online. According to regulations of court the turn of all documentation in court is conducted online, also registration of electronic excerpts from documents and transfer to their parties is allowed. For such procedure the special e-mail address of court works and to the parties of process SMS notices of the movement of judicial documents and advance of consideration of the case come. We will note that such initiatives are rather demanded in Poland both from citizens, and from business [13, page].
According to the Polish state development strategy of the judicial system till 2016 it is planned that electronic legal proceedings will work even in district courts. All trial from submission of the statement of claim before decision for business happens in such courts in an electronic form, and the parties can monitor consideration of their matter in court almost online. So, decisions of the courts are published on the official sites of the appropriate judicial authorities. In comparison with Poland, Ukraine is ahead as according to the current legislation at us it is created and the Unified judicial register functions though his work is at an improvement stage. Also 2012 LEAGUE company: The LAW presented the system of the analysis of judgments - VERDICTUM. One more example of use of E-justice is the judicial information system of Lithuania. Develops her and introduces the Lithuanian enterprise Lursoft specializing in information technologies [14]. In the Russian Federation the informatization actively takes root into the system of arbitration courts as they already had corresponding conditions: the systems of automation of legal proceedings and office-work allowing to optimize judicial and general office-work and also collecting and processing of judicial statistics function; electronic distribution of affairs is applied; the websites containing information which is regularly updated, on activity of each court are created; the system of submission of procedural documents in an electronic form is introduced; the directory booths with the automated information system connected to the Internet which use helps visitors of arbitration courts to obtain quickly information on court, schedules of court sessions and the adopted judicial acts are organized; the automated information system of the publication of judicial acts "Bank of Decisions of Arbitration Courts" (BDAC) is introduced that is the only centralized resource which contains texts of the adopted judicial acts, etc. Electronic resources of other supreme courts of the Russian Federation have no such set of functions though their websites also function in Internet network. For
example, the electronic resource of the Supreme Court of the Russian Federation has "Electronic help" where it is possible to find texts of judicial acts, reference information about affairs and on complaints, the schedule of lawsuits. In some city courts, in particular in Kurgan city court the system of obtaining notices via e-mail or SMS mailing is used [15].
In Belarus, electronic justice or e-justice (electronic justice) which virtual basis recognized the website of the Supreme economic court (VGS) -court.by containing detailed information on all economic courts of Belarus develops. In a broad sense e-justice is meant as not only, actually, electronic legal proceedings, but also all processes accompanying legal proceedings, including the organization of activity of court which isn't connected with sending justice. Usually refer submission of the claim and other procedural document by means of the Internet to the e-justice elements; use of means of finishing in an electronic form; conducting court session online through videoconferences, transfer by e-mail; formation of the electronic file, that is and the translation of document flow and office-work in an electronic form; access to case papers of participants of process and other faces online; use of electronic summonses; implementation of all legal proceedings is exclusive by means of the Internet - electronic court or cybercourt, e-court [15]. It is emphasized that the Supreme Economic Court became the initiator of introduction of e-justice in Belarus. At the legislative level the term "electronic justice" is fixed by the Program of activity of the Government of Republic of Belarus according to which one of mechanisms of informatization of all fields of activity is, including, assistance to formation of electronic justice. Full-scale application of the e-justice elements in economic courts began in 2010 that allowed to optimize legal proceedings and to minimize time of consideration of lawsuits. At the same time such elements of "electronic justice" were applied: submission of electronic copies of documents, the electronic schedule of court sessions, placement of a resolutory part of resolutions of cassation instance online on the portal of economic courts of Republic of Belarus court.by; audio-, videofiksovany court sessions, use document cameras, etc. Now the electronic address can be submitted with use of the VGS website, for example, by means of service "electronic forms of submission of addresses" to VHS it is possible to submit the statement of claim, a response for the statement of claim, the complaint to action of the bailiff, the statement for initiation of mandative production, the statement for bankruptcy, etc. The provisions providing electronic document flow and information technologies in economic legal proceedings are standardly fixed: use of electronic copies of documents; mailing of notices of date and time of conducting court sessions on electronic by mail; application of a video conferencing for court sessions, implementation of separate legal proceedings online.
In Ukraine in 2001 the system audio - and videos and recordings of trials of "SRS Femida" was developed. For today this system is used in courts by more than 12 countries of the world, such as Armenia (Project of the World Bank), Georgia, Ghana, Kazakhstan (Project of the Agency of the USA on the international development (USAID)), Macedonia (USAID project), Moldova (USAID project), the Russian Federation (state program), Ukraine It should be noted that some systems of an audio recording and a protokolyvaniye used now in courts of Ukraine don't provide multichannel record, namely not less than 4 channels of record of function of transcription as it is demanded by the international standards. Besides the records which are carried out by such systems aren't protected from editing, installation and rewriting with the changed contents, that is can be partially or are completely forged without a possibility of check of legitimacy. At the same time the SRS Femida system is a complete solution which provides digital multichannel audio - and a video, automates recording of court sessions and gives the chance to receive legitimate copies of the documents including the protocol and audio, videos on digital carriers for transparent trial. Also the system provides full elimination of acoustic obstacles: noise of the street, conditioners, fans, etc. that considerably improves legibility of the speech and increases efficiency of shorthand [2, page 163].
Thus, E-justice consists first of all in transfer to a digital format of such processes and the phenomena as:
- electronic document flow (his implementation by means of the special software);
- form of appeal to the court;
- drawing up and submission to competent authority of the complaint to the judge for initiation of disciplinary production against him;
- creation of electronic bases of the judgments available to the general public;
- further improvement of structure of official web pages of the judicial authorities containing information on activity of court, an order of appeal to the court, purpose of affairs in court, etc.;
- use of a video conferencing by consideration and the solution of affairs [7, page 93], etc.
Conclusion. Generalizing the international experience of implementation of information technologies in judicial activity, once the trend notes to application of complex modernization of the judicial system, her transition to qualitatively new, digital form - E-justice.
It is worth noticing that now Ukraine lags behind the developed countries in implementation of modern information technologies in public administration a little though for the last few years Ukraine considerably progressed in this direction. The last research of the United Nations on electronic control demonstrates significant progress in Ukraine in the sphere of development of the electronic government. For 2 years the country rose by 25 positions in the field of electronic control and by 45 positions in the field of electronic participation, taking the 62nd
place among 193 countries of the world now. The research shows that the level of development of electronic control in Ukraine exceeds a world average value for 23%, with index 0.6076 against the world average value 0.4922 [17].
Considering the above it is possible to draw a conclusion that even the most developed countries for introduction of E-justice of systems of electronic court needed a lot of time. Ukraine only begins the way in this direction. Meanwhile the full "Electronic court" is for our country the unattainable purpose (due to the lack of financing), but there is a hope that soon it will earn, during an era of rapid information technology development a question of electronic legal proceedings - it is rather need, than just desire to be improved.
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ОСОБЕННОСТИ ЗАКОНОДАТЕЛЬНОЙ ИНИЦИАТИВЫ ДЕПУТАТА ПАРЛАМЕНТА
РЕСПУБЛИКИ АРМЕНИЯ
Костанян Г.С.
Ведущий научный сотрудник Института философии,
социологии и права НАН РА, Преподаватель юридического факультета Университета прокуратуры Российской Федерации Доктор юридических наук, Государственный советник юстиции 2-го класса
Казанчян Л.А.
Директор Института философии, социологии и права НАН РА,
Член Палаты адвокатов РА, Кандидат юридических наук, Докторант Института философии, социологии и права НАН РА
FEATURES OF THE LEGISLATIVE INITIATIVE OF THE DEPUTY OF THE PARLIAMENT OF
THE REPUBLIC OF ARMENIA
Kostanyan G.,
Leading researcher of the Institute of Philosophy, Sociology and Law of NAS RA, Lecturer at the Faculty of Law of the University of the Prosecutor's office of the Russian Federation, Doctor of Juridical Sciences, State Councillor of Justice of 2nd class.
Kazanchian L.
Director of the Institute of Philosophy, Sociology and Law of NAS RA, Member of Chamber of Advocates of the RA Candidate of Juridical Sciences, Doctoral student of the Institute of Philosophy, Sociology and Law of NAS RA
АННОТАЦИЯ
В данной научной статье, на основании изучения конституции и законодательства Республики Армения, раскрываются особенности законотворческой деятельности депутата Парламента. В частности, подчеркиваются особенности прав и обязанностей депутата в Парламенте, свод действий депутата в процессе принятия и отзыва законопроекта.
ABSTRACT
In this scientific article, based on the study of the constitution and legislation of the Republic of Armenia, the features of the legislative activity of a deputy of the Parliament are revealed. In particular, the features of the rights and duties of a deputy in Parliament, a set of actions of a deputy in the process of adopting and withdrawing a bill are emphasized.
