THEORETICAL AND LEGAL ANALYSIS OF E-JUSTICE IN THE REPUBLIC OF UZBEKISTAN

In the context of the subject of our article, we find it necessary to clarify the meaning of certain terms related to the use of ICT in the sphere of jurisprudence. Thus, it is essential to differentiate between the terms “electronic judicial process,” “digital court proceedings,” “judicial digitalization,” and “digital justice.” The term “judicial digitalization” refers to the provision of courts with computer resources and technologies that enable information processing. However, it does not fully elucidate the essence and procedure of conducting procedural actions in electronic form.

DOI: https://dx.doi.org/10.51788/tsul.lr.4.3./HQME3285

THEORETICAL AND LEGAL ANALYSIS OF E-JUSTICE IN THE

ARTICLE INFO Keywords: judicial digitalization, digital judicial proceedings, electronic judicial process, e-justice, digital justice, smart courts, e-document exchange.

Pulatova Nodirakhon Sobirjonovna, Doctor of Law, Department of Theory of State and Law, Tashkent State University of Law, ORCID: 0009-0004-8741-902X e-mail:dilanor@mail.ru

ABSTRACT In the context of the subject of our article, we find it necessary to clarify the meaning of certain terms related to the use of ICT in the sphere of jurisprudence. Thus, it is essential to differentiate between the terms “electronic judicial process,” “digital court proceedings,” “judicial digitalization,” and “digital justice.” The term “judicial digitalization” refers to the provision of courts with computer resources and technologies that enable information processing. However, it does not fully elucidate the essence and procedure of conducting procedural actions in electronic form.

Introduction These days, the introduction of information and communication technologies (hereinafter referred to as ICT or IT technologies) in all spheres of life is a modern global trend, and Uzbekistan is no exception in this case. In relation to the development of ICT, an infrastructure for electronic support of law enforcement activities is being dynamically formed in almost all sectors of the law enforcement system. The term “e-justice” along with certain terms in the specialized literature, and the term “digital justice” are also widely used. In our opinion, despite the slight differences in these terms, they are essentially identical and carry the same semantic load. It has already taken root in our everyday lives, and it is traditionally understood as a way of administering justice based on the use of modern ICT and aimed at ensuring transparency, openness, and accessibility of court proceedings. To put it simply, e-justice is, first, the ability to carry out procedural actions and, in general, court proceedings in electronic form.

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The term “digital court proceedings” refers to the procedure for organizing a court using electronic means and technologies, including video and audio recording of courts, as well as new types of stenography for court proceedings [1]. This term is used in the context of the proposal to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 346 “On measures to introduce modern information and communication technologies into the activities of courts”, adopted on December 10, 2012. The term digital (electronic) court proceedings refers to the order and methods of performing procedural judicial actions in electronic form. For instance, elements of digital court proceedings are filing a lawsuit electronically (claim, response to a claim, etc.), registration in an information system, consideration of a case (familiarization with case materials via ICT, conducting a court case electronically, etc.), notification parties (SMS notification, via email, personal account), publication of judicial acts on the Internet, etc.

In the legal literature, there is an approach according to which the term “e-justice” should be separated from the term “digital justice”: the first characterizes the properties of the information carrier, and the second – the form of existence of data. According to this approach, digital justice involves the transition of most communications to the digital environment and at least equal status with face-to-face paper interaction, while e-justice involves mainly the courts resolving legal conflicts through ICT, primarily meaning that it should consider e-document exchange and video conferencing systems, the results of which are displayed in the information system [2. P. 99].

In short, in their opinion, the former term is broader in content than the latter.

We believe that there is no need to delve into the nuances of terminology here, because in fact, the concepts “electronic” and “digital” are widely used as synonyms, and the difference between them is largely determined by the evolution of their entry into scientific use. At the same time, the term “digital justice” seems to us to be the most appropriate. According to our position towards concerning dilemmas, firstly, it is broader than the above concepts since it covers them, including them on an integrated basis. Secondly, this term implies the totality of all digital means, forms, methods, and technologies used in justice as an integral function of state power. In other words, just as the concept of “justice” correlates with the concepts of “court proceedings” and “judicial process,” so the concept of “digital justice” correlates with the concepts of “digital court proceedings” and “digital judicial process,” i.e., as a whole and a part.

The main goal of e-justice is to make the court more convenient with the help of ICT, which makes justice accessible, transparent, efficient, and of high quality. In addition, with the help of ICT, it is possible to ensure the uniformity of judicial practice and the legality of the judicial process. In addition, of course, this will achieve the main goal—to make a fair judicial decision.

Many experts argue that the digitalization of judicial systems through the introduction of modern IT technologies is today one of the most effective ways to increase the level of accessibility and quality of justice in the world [3. pp. 92-96]. The introduction of e-justice services can significantly speed up the judicial process, reduce the load on the court apparatus, increase the level of openness of the judicial system, and, most importantly, facilitate citizens’ access to court proceedings by reducing costs caused by the need for the physical presence of the parties or the involvement of a professional representative. They make it possible to significantly reduce the time, labor, and financial and economic costs of performing repetitive, routine processes characteristic of various stages of court proceedings. This applies not only to judges but also primarily to the participants in legal disputes themselves.

In addition, the use of ICT in the field of justice contributes to the expansion of pre-

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trial and out-of-court settlement practices, de-escalation of disputes at an early stage, and compensation for gaps in the legal education of citizens that prevent them from effectively protecting their own rights. As practice has shown, in the context of the coronavirus pandemic, the use of electronic document filing systems, online interaction between participants in court proceedings, video conferencing, recording of court hearings, and other methods of automating the activities of the court apparatus has a great effect on the process.

For instance, at the site of the Astana International Financial Center, the International Arbitration Center (IAC) was created to resolve commercial disputes in the Central Asian region. IAC judgments have legal force in accordance with the New York Convention that was adopted in 1958. Since February 2019, the IAC has had an e-justice system, which allows it to manage court proceedings and track the progress of court proceedings online [4.].

Taking into account foreign experience, it can be assumed that in the future, the development of information technology will make it possible to abandon in-person hearings in a number of simple court cases as well as in uncontroversial cases. This will make justice not only faster but also more accessible to citizens, significantly expanding their ability to protect their legal rights and interests.

Doctrinal methods, comparative legal analysis, and logical methods have been applied to discuss the topic, and the integrity of these methods makes it possible to ensure the validity of the scientific article to a certain extent.

The normative basis for the scientific article is formed by the rules set out in the Constitution and relating to the judiciary, court decisions in current legislation, procedural legislation relating to court documentation, and the Supreme Court decisions on court documentation. The article was empirically based on an analysis of the statistical data maintained by the Supreme Court of Uzbekistan.

An analysis of the judicial practice of Uzbekistan shows that the processes of digitalization of judicial activities have been expanding in recent years. At the same time, the leader in the introduction and use of new technologies is the system of economic courts, in which online justice can be considered an established fact.

It should be noted that in the Republic of Uzbekistan, in general, a normative-legal basis has been created for the introduction of ICT in the field of justice, which is made up of the Laws “On Information,” “On Electronic Digital Signature,” “On E-document Exchange,” “On Electronic Payments,” “On Guarantees and Freedom of Access to Information,” etc.

To introduce ICT into the activities of courts, has already taken steps to create an organizational and legal mechanism for the digitalization of justice at the beginning of the 21st century. Thus, the Resolution of the President of the Republic of Uzbekistan, RP–1730, “On measures for the further implementation and development of modern information and communication technologies” adopted on March 21, 2012 [5.] set the following tasks: to ensure a widespread transition to an electronic system, including the Internet; eliminate bureaucratic red tape and corruption; increase the level of computerization and the efficiency of using computer technology in the activities of courts; expand the list and improve the quality of interactive services provided by courts to business entities and the population.

In order to ensure the digitalization of the activities of the judiciary and improve the mutual exchange of data between courts and other departments, in recent years, documents as such were developed: “Strategy of action for five priority areas of development of the Republic of Uzbekistan in 2017-2021”, approved by the Decree of the President of the Republic of Uzbekistan No. DP-4947 adopted February 7, 2017 “On the

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strategy of action for the further development of the Republic of Uzbekistan”, Decree of the President of the Republic of Uzbekistan No. DP-4966 “On measures to radically improve the structure and increase the efficiency of the judicial system of the Republic of Uzbekistan” adopted on February 21, 2017, Resolution of the President of the Republic of Uzbekistan No. RP-3250 “On measures to further introduction of modern information and communication technologies into the activities of courts” adopted on August 30, 2017, Decree of the President of the Republic of Uzbekistan No. DP-6034 “On additional measures to further improve the activities of courts and increasing the efficiency of justice” adopted on July 24, 2020, Resolution of the President of the Republic of Uzbekistan No. RP-6034 “On additional measures to further improve the activities of courts and increase the efficiency of justice” adopted on July 24, 2020, No. RP-4818 “On measures to digitalize the activities of judiciary” adopted on September 3, 2020.

As a result of the measures taken, systems for remote access to courts, participation in court hearings using a video conferencing system, automatic distribution of cases among judges, publication of court decisions on the Internet, and submission of enforcement documents for forced execution in electronic form have been introduced into the activities of the courts.

Research results In the meantime, an analysis of the state of digitalization of the activities of courts in civil cases shows that the degree of computerization of judicial activities remains at a low level. Back in 2011, the Supreme Court approved the concept for the introduction of information and communication technologies into the system of courts of general jurisdiction of the Republic of Uzbekistan in order to introduce ICT into the activities of courts and ensure a unified methodological and integrated approach in this area. This document provides for the consistent implementation of automated systems in the activities of courts, ensuring the resolution of issues that may arise in this process (regulatory support, information security, staffing, etc.). However, the measures provided for in this document were never implemented in full.

As UNDP experts note, existing ICT tools in courts of general jurisdiction are heterogeneous sets of tools. Their main purpose is to provide solutions to institutional problems (office preparation of documents, limited support for accounting and reporting tasks, court records management, and primary collection of statistics). The use of information and legal databases by judges (“LexUZ,” “Norma,” “Pravo,” and “Yurida”) is not regulated by law, as a result of which it is used on the personal initiative of judges. One of the significant drawbacks is the lack of a departmental communication and data transmission system. There is no unified departmental information system that unites courts at various levels, and there is no electronic exchange of information between lower and higher courts.

Analysis of research results The analysis shows that many countries, realizing the advantages that the introduction of ICT in judicial proceedings brings, are actively improving their judicial system by introducing the latest interactive technologies into the administration of justice.

Taking into account foreign experience, the advantages of e-justice should, in our opinion, include: the ability to file a claim and other documents in electronic form, regardless of the type of court proceedings, category of case, or instance. In foreign countries, the use of an electronic document filing system has significantly reduced the time it takes to consider court cases; the ability to fully conduct court hearings online via a web conference system; the possibility of remote acquaintance with case materials and evidence in electronic form. Access is also provided to printed documents scanned in the prescribed manner, as well as audio recordings of court hearings;

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availability of texts of decisions of courts of all levels and links on the Internet; availability of a service for predicting the timing and results of consideration of cases (based on the analysis of materials from millions of cases considered using artificial intelligence technologies); use of audio recordings of court hearings; automation of the functions of the court apparatus (notification of the parties to the dispute, distribution of messages, etc.).

Thus, based on the analysis carried out, the following conclusions can be drawn.

Firstly, in the context of the intensive development of new technologies, an increase in the number of appeals to the courts demanding the protection of rights and freedoms, as well as the emergence of unforeseen situations (for instance, the coronavirus pandemic), could significantly increase the burden on the judiciary. As a result, people, even if they have a formal opportunity to go to court, are deprived of real access to justice. The use of digital justice as a new, modern, low-cost method of judicial proceedings has a number of advantages for judicial protection and the restoration of rights and freedoms.

Secondly, the current level of ICT development allows us to talk about the digitalization of the judicial system as one of the most effective and promising ways to ensure the accessibility and quality of justice. The introduction of ICT can speed up court proceedings, reduce the burden on court staff and the cost of procedures, increase the level of openness of the judicial system, etc.

Thirdly, the introduction of information technology, first of all, makes it possible to significantly reduce time and labor costs for performing repetitive, routine processes characteristic of various stages of court proceedings.

Uzbekistan is now striving to intensify the digitalization of justice. Therefore, the Cabinet of Ministers adopted the Resolution “On additional measures to implement an electronic system for managing cases of administrative offenses.” The act approved the Regulations on the procedure for conducting cases of administrative offenses through a unified electronic system for processing administrative offenses (the “E-ma’muriy ish” system) [6].

However, many reminders should be given in this direction. An interesting proposal is to create a Unified Register of Criminal Investigations in Uzbekistan that Latvia, Kazakhstan, Ukraine, Estonia, and Kyrgyzstan have relevant experiences. Here, the measures for entering one or another category of information into the Unified Register, general standards for recording and identifying each entry into the Unified Register are established, and databases are also generated. These integrated databases include a database of various categories of criminal offenses, a database of statistical data on criminal offenses, their investigation, as well as on the persons conducting the investigation. The creation of such a Unified Register can be considered as the initial stage in the development of the digital criminal case matrix.

Conclusion Taking into account the above-mentioned points, we believe it is possible to identify the features that characterize the implementation of digital justice. First, the digitalization of justice helps to increase the level of accessibility of justice as well as reduce the time required for the consideration of cases. Second, the digitalization of justice formalizes judicial procedures even more, and justice becomes a “template,” which is quite consistent with the nature of court proceedings. Third, it helps reduce the time, labor, financial, and economic costs of court proceedings, not only for the court but also for the parties to the process. Fourth, digitalization requires enormous efforts to create the appropriate infrastructure and improve the computer literacy of both the judiciary and the population.

The formation of the information society as well as the development of scientific and technological progress contributed to the

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search for new solutions to existing problems in the field of ensuring the accessibility and quality of justice, along with the trust of citizens, and achieving maximum transparency in the activities of the judicial system. One of these solutions is the introduction and expansion of the use of modern information technologies in the activities of courts and the formation of e-justice. E-justice (e-justice – in English; e-sudlov – in Uzbek) is one of the ways of implementing justice based on the use of modern information technologies. The advantage of using information technology in justice could be the insurance of transparency, openness, and accessibility of court proceedings, which can therefore serve as better protection of human rights and freedoms.

In 2014, the E-SUD system was developed and implemented. Its main objectives are to improve the procedure for considering claims, applications, complaints, and petitions received by the courts, ensure openness and transparency of the judicial system, eradicate bureaucratic barriers, increase the accessibility of justice, and create more comfortable and convenient conditions for citizens. Since 2018, the system has been successfully operating in all 75 interdistrict, district (city), and 14 regional civil courts in the country.

With the introduction of the system, the average number of visits to courts decreased from 6-7 to 2-3 times, due to which the costs of the parties were significantly reduced. Now, in order to resolve civil disputes and disagreements, citizens need to register in a few clicks, submit an application, and send it to the court for consideration, saving money and time. Currently, about 13 thousand unique users are registered in the E-SUD system, of which about 600 users are lawyers, 2,084 are legal entities, and 9,906 are individuals, of which 4,938 (49.8%) are women. At the end of 2018, the total number of electronic appeals, including appeals and cassation complaints, exceeded 566 thousand. In addition, with the help of the E-SUD system, over 34 thousand women in remote regions of Uzbekistan positively resolved disputes related to the collection of alimony for minor children in the courts, which is 11 times more than the same figure in 2017[7].

In addition to integrated electronic court proceedings systems, in the context of the coronavirus pandemic, digital tools – an electronic database of court cases and equipment for video conferencing have been introduced for the courts of Uzbekistan. A new interactive Supreme Court website has also been developed. Lawyers use Telegram and Zoom to interact with their clients at a distance, and lawyers communicate in Facebook groups and collaborate with each other from their home offices [8].

One of the problems is information inequality, which consists in limiting the possibilities of using e-justice to a social group (for instance, rural residents) that does not have access to modern means of communication. The solution to this problem is the installation of specialized automated devices in publicly accessible sites, allowing the full implementation of the capabilities of e-justice. However, another problem immediately arises, which is expressed in the technical illiteracy of a certain percentage of the population. To solve this problem, it is necessary to carry out state and regional digitalization programs and introduce and develop certain educational standards in this area. Therefore, the need for the systematic introduction and use of information technologies both directly in the administration of justice and in the field of ensuring justice seems justified.

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