TRANSFORMATION OF CIVIL PROCEDURE IN THE CONTEXT OF DIGITALISATION OF JUSTICE

Abstract

Introduction. The digitisation of justice is one of the key vectors of modernisation of the legal system, leading to profound transformations of civil proceedings as an institutional mechanism for the protection of private rights and legitimate interests. The introduction of electronic proceedings, remote forms of participation by parties in court proceedings, electronic evidence and automated case distribution systems is not merely a technical upgrade, but fundamentally changes the procedural architecture of civil proceedings. Purpose. The purpose of the study is to conduct a comprehensive procedural and comparative legal analysis of digital tools for transforming civil proceedings in Ukraine and European Union member states, to determine their impact on the system of procedural guarantees, and to identify areas for improvement in national regulatory framework, taking into account European standards of digital justice. Materials and methods. The research materials include: 1) regulatory and legal support; 2) scientific articles by Ukrainian and foreign scholars studying the transformation of civil proceedings in the context of the digitalisation of justice. The following scientific methods were used in the research process: procedural and legal analysis (systematic study and evaluation of digital tools (e-Court, electronic document management, video conferencing) from the point of view of ensuring procedural guarantees of civil proceedings); comparative legal method (comparison of national practice in Ukraine with the experience of EU member states, analysis of differences in regulatory unification, technical integration and procedural standards); doctrinal and conceptual analysis (rethinking the principles of civil procedure (openness, oral proceedings, equality of parties, disposability) in the context of digitalisation); systematisation and classification (structuring of digital tools and their procedural and legal characteristics (in the form of tables showing the status and practice in Ukraine and the EU)); critical analysis of law enforcement practice (identifying problems and risks associated with the introduction of electronic courts, electronic document management and remote case consideration); prognostic and recommendatory method (identifying areas for improvement in the regulatory framework and practice of digital justice in Ukraine, taking into account European standards). Results. A procedural and legal analysis shows that digital tools for transforming civil proceedings, such as electronic courts, electronic document management, and video conferencing, are becoming independent institutional mechanisms for realising the right to a fair trial. Their implementation is changing traditional ideas about procedural form, methods of communication and recording legally significant actions, while expanding access to justice, increasing the efficiency of case consideration and the transparency of judicial activity. At the same time, it has been established that the effectiveness of digitalisation directly depends on the quality of regulatory framework, technical stability of infrastructure and consistency of law enforcement practices, as these factors determine the actual level of procedural guarantees. A comparative legal assessment allows us to conclude that Ukraine’s digitalisation policy is conceptually in line with European trends, despite significant differences in the level of systematisation, standardisation and inter-institutional integration. The European Union demonstrates a more mature model of digital justice, based on unified standards of electronic identification, trust services and procedural procedures, while Ukrainian practice is at the stage of institutional improvement. This necessitates further harmonisation of legislation, unification of technical and procedural requirements, and the formation of consistent judicial practice capable of ensuring a balance between technological efficiency and the inviolability of the fundamental principles of civil justice. Discussion. Further scientific research should focus on a comprehensive study of the impact of digital tools on procedural guarantees in specific categories of civil cases, in particular in disputes with an international element and in the context of remote court proceedings. Research into the probative value of electronic evidence, cybersecurity standards for court information systems, the procedural consequences of technical failures, and issues of digital equality among participants in the process is particularly relevant. Special attention should be paid to the analysis of the harmonisation of national procedural legislation with EU standards, including the implementation of eIDAS approaches and the development of unified procedures for electronic identification, authentication and electronic communication in judicial proceedings.