Institutional Enforcement of Electronic Trial

The new bill of the Ministry of Justice "Improving and speeding up court proceedings in ordinary administrative courts and other provisions" introduces important innovations, which are related to administrative lawsuits and more generally to justice, including the institutionalization of e-justice . The main priority of the bill is to speed up the administration of justice and, indeed, it contains many positive points that are capable of operating in this direction.

In particular, it is stipulated in Article 42 § 1 that "court decisions and acts, reports, documents and any other document addressed to or issued by the courts may be advertised and circulated by electronic means. stamps, court fees and any fees in favor of the State or the State. " As a precondition for electronic traffic, the use of an electronic seal is provided in the Explanatory Memorandum, which obviously means that an electronic signature should be used. However, the above provision does not refer to the electronic signature.

It is also provided in paragraph 2 of that article that the court may examine witnesses, experts and parties without attending the meeting room. This is made possible by simultaneous transmission of images and sounds in the courtroom and the place of examination of the above persons. This provision is sufficiently clear, however, for its implementation, funds are needed to equip the courtrooms.

Finally, provision is made for the adoption of a decree laying down the detailed rules for the application of the above provisions, as well as the electronic keeping of the books for the performance of the work of the courts and prosecutors' offices.