Challenges for Electronic Justice

The article provides a comprehensive analysis of the challenges for electronic justice in a modern globalized society. To achieve the goal, it is necessary to use the author’s methodology, which represents a system of methods and approaches that will allow reaching substantiated conclusions, the main one of which is the synergistic approach.

Using reports of international bodies and institutions, European statistical data, praxeological analysis of the practice of applying electronic justice in Ukraine and a comparative study of certain issues in individual states, the EU has provided an opportunity to summarize the challenges for electronic justice into the following three groups: technical, security and intellectual. The first group includes problems related to outdated computer software, the network and servers may often not meet the latest processes and technologies, lack of access to the Internet, problems with power supply, lack of proper equipment or technical support for judges to freely use the latest capabilities and technologies. Therefore, it is quite problematic to restore judicial proceedings in conditions of threats to the lives of the population during the war. By the way, I would like to note that in general the judicial system overcomes difficulties of this nature quite effectively. Technical difficulties always exist in a digital society, but in conditions of war, financial and economic problems of the state, such threats are especially relevant.

Security problems include threats of internal and external cyberattacks, which affects both the functioning of the court and the integrity of its representatives. The requirements for disabling ad blockers, VPN services, proxy servers and antivirus programs contained in the User Manual of the EUITS video conferencing subsystem: approved by the Order of the State Enterprise “Information Court Systems” dated 22.10.2024 are criticized. It is motivated that under such conditions, the court’s computer systems remain open to cyber threats, which creates potential risks for attacks, since open video conferencing channels remain unprotected, and traffic may be intercepted during the service connection. It is also motivated that such a norm creates obstacles to access to the court for a large number of citizens temporarily abroad due to military threats.

Proper technological education of the participants in the process, representatives of the bar and the judiciary, and court employees is another intellectual challenge that electronic justice faces in modern conditions of the development of digital reality.