However, the implementation of information technologies in the judicial system of Ukraine moves according to the rule “one step forward – two steps back”.
Candidate of legal sciences Serhiy Kozyakov in the material “< /strong>Europe compares justice systems: is Ukraine really taking care of the rear?»tried to fit the statistics of the European Commission on the Efficiency of Justice (CEPEJ) report for 2019-2020 into the context of Ukrainian justice reform. In particular, he talked about the efficiency of the courts. According to Kozyakov, the Ukrainian judicial system is included in the list of countries that provide quite decent terms for the consideration of court cases. even daily operations. Courts of first instance have been the most affected by the pandemic. The second and third instances were more effective, although they had slightly lower results compared to 2018,” the author explains.
In particular, the average level of considered cases in European courts in 2020 remains stable and close to 100%. However, it is worth noting that the courts of first instance did not reach 100% in any of the three considered categories of cases (civil and economic disputes – 98%; administrative – 97%; criminal – 95%).
At the same time, according to according to the author, criminal justice is the most effective at all three levels of the judicial system (in European countries, on average, the time of consideration in the first instance is 149 days; in the second instance – 121; in the third instance – 120 days). Courts of third instance appear to be the most efficient of all matters.
“The extremely important conclusion of the analysis of this part is as follows: the Ukrainian judicial system is included in the list of countries that provide quite decent terms for consideration of court cases. Hundreds of figures for 44 countries, given in various tables, provide an opportunity to professionally compare and demonstrate consistent improvement in the handling of cases in almost all specializations and instances,” Kozyakov notes.
He added that the main types of specialized courts remain administrative, economic and labor courts. The wide variety of other types of specialized courts (for example, the Higher Anti-Corruption Court of Ukraine) indicates certain political decisions in the field of justice.
In the opinion of the expert, the dynamics of the development of judicial systems in Europe confirms that the revision of the judicial map is indispensable part of national strategies aimed at improving the efficiency and quality of justice.
«It is especially important to pay attention to this in Ukraine, as the corresponding decree of the former president on the new map of courts has been canceled, and the new decision is still at the stage of development and not approved,” Kozyakov emphasizes.
He suggests that, perhaps, this is also connected with the fact that two key bodies in the judicial system of Ukraine are not authorized today: the Supreme Council of Justice (inactive for more than seven months) and the Higher Qualification Commission of Judges of Ukraine (inactive for 35 months ). According to him, similar cases have not been noticed in other European countries.
The Report also notes that, despite the pandemic, the number of new cases in Ukraine has increased in all categories of cases heard in the first instance. At the same time, according to the expert, the reform of the Supreme Court had a positive effect on speeding up the consideration of cases in civil, economic and administrative cases.
The COVID-19 pandemic has put users at the center of the justice system, creating new challenges for access to justice. Council of Europe countries and organizations are increasingly using Information and Communication Technologies (ICT) to support judicial activities.
Taking advantage of information technology , judicial systems can adapt the methods of information dissemination and create stable two-way communication with users.
In Kozyakov's opinion, this is especially important for Ukraine, because during the last few For several years, the implementation of information technologies in the judicial system of Ukraine has been moving according to the rule “one step forward – two steps back”.
“Perhaps, taking into account the outstanding results achieved by the Ministry of Digital Transformation of Ukraine, attention should be paid to the experience of those European countries in which the digitalization of justice and related bodies and institutions is collectively taken care of by the responsible body of the executive power,” the author notes.
Read also: The expert compared how the salary of judges and prosecutors in Europe and Ukraine compares with the average national salary determine exactly how many judges the countryneeds. The consequences of the war (occupation of territories, seizure of court premises, evacuation of millions of citizens, including abroad) make this task even more difficult.
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A new map of courts has not been approved, which will not allow the new composition of the Higher Qualification Board commission of judges to determine the number of vacant positions and in which courts to announce selection and contests.
