{"title":"乌克兰实施行政司法程序电子化:先决条件、实质与建立阶段","authors":"K.V. Piatyhora","doi":"10.17721/2227-796x.2022.3.05","DOIUrl":null,"url":null,"abstract":"The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"161 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"IMPLEMENTATION OF ELECTRONIC ADMINISTRATIVE JUDICIAL PROCEDURE IN UKRAINE: PREREQUISITES, ESSENCE AND STAGES OF ESTABLISHMENT\",\"authors\":\"K.V. Piatyhora\",\"doi\":\"10.17721/2227-796x.2022.3.05\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.\",\"PeriodicalId\":7222,\"journal\":{\"name\":\"Administrative law and process\",\"volume\":\"161 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative law and process\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/2227-796x.2022.3.05\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative law and process","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/2227-796x.2022.3.05","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
IMPLEMENTATION OF ELECTRONIC ADMINISTRATIVE JUDICIAL PROCEDURE IN UKRAINE: PREREQUISITES, ESSENCE AND STAGES OF ESTABLISHMENT
The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.