Міжнародний досвід дистанційної організації роботи судів та можливість його імплементації в Україні

English

International experience of remote organization of the work of judges and the possibility of its implementation in Ukraine

Abstract. Summary. Introduction. COVID-19 has made adjustments to the organization of court work in many countries. On the one hand, it would seem that a serious disease characterized by high virulence is capable of paralyzing the judicial system. However, it became a challenge for her, which she accepted. Despite the pandemic, the proceedings that were pending before the courts remained relevant for people all over the world; offenses continued to be committed, which required an appropriate response from the state, and therefore there could be no talk of suspending justice. This required a search for adequate and real solutions. Purpose. The purpose of the study is to reveal conceptual approaches to international experience in organizing remote work of courts, such as the grounds, duration, mechanism of their application and analysis of the results of such work to determine the possibility of adopting this experience by our State, taking into account the peculiarities of national legislation. Materials and methods. The research materials are: 1) legal support for organizing the work of national courts; 2) works of domestic and foreign authors in the field of legal proceedings, in particular, on the organization of justice during pandemics; 3) recommendations, conclusions of the OSCE and other international institutions on the use of remote work of courts. In the process of conducting the research, the following scientific methods were used: the dialectical method made it possible to comprehensively and extensively study the formation of the regulatory framework that determines the issues of organizing remote work at the international level; the method of system analysis made it possible to comprehensively study the administrative and legal component of the organization of remote work of international and national courts of Ukraine; the use of formal-logical and theoretical-prognostic methods made it possible to develop proposals for improving the current organization of work of courts of general jurisdiction in Ukraine in a state of emergency. Results. The scientific article reveals the mechanism for organizing remote work of international judicial institutions during a pandemic, and defines the main criteria and results of such activities. Answers are given to the question about the possibility of organizing remote work of courts of general jurisdiction in the national judicial system. Discussion. Further scientific research is proposed to focus on the application of international experience in organizing remote work of courts of general jurisdiction in national courts of general jurisdiction and it was noted that this form of work cannot be the rule, but as an exception, in exceptional situations, its use will be quite adequate and necessary and will improve the organization of the work of courts of general jurisdiction in Ukraine, in special periods, making it more approximate. to the realities of modern life.

Keywords: pandemic; remote work organization; international experience; courts of general jurisdiction