1
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
In the article discusses the work done on the implementation of modern digital technologies in courts, electronic
document flow in courts during a pandemic, the activities of electronic sites, statistics on the electronicization of the
judicial system, problems in practice, legislation, domestic and foreign experience, improvement of legislation.
KEYWORDS
Courts, judges, electronic, information and communication, “E-SUD”, video conference, pandemic, statistic.
INTRODUCTION
Today, at a time when the Internet is developing
rapidly around the world, users have the opportunity
to provide information and data quickly and widely and
use it effectively. Similarly, the process of
informatization of the judicial system in our country is
being carried out at a rapid pace. It is no exaggeration
Research Article
ISSUES OF INTRODUCING DIGITAL TECHNOLOGIES INTO THE
ACTIVITIES OF COURTS
Submission Date:
December 15, 2021,
Accepted Date:
January 01, 2022,
Published Date:
January 08, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue01-01
Khudoynazarov Dadakhon Avaz
Lecturer at the Department Civil Procedure and Economic Procedure Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
2
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
to say that these changes in the judiciary have made
the judiciary one of the most developed countries in
the world.
Use of modern digital technologies in the judiciary, in
particular, the development of electronic document
management systems, development of information
resources and information systems, their widespread
and effective use, creation and implementation of
judicial information systems, ensuring openness,
transparency and efficiency of courts, quality of court
proceedings and contributing to the increase of the
population's access to justice, the speedy and
convenient conduct of court-related work, the
provision of interactive services to individuals and legal
entities through websites, and the coverage of large-
scale reforms in the judiciary.
The main purpose of this is to ensure the full, high-
quality and timely protection of the rights and
freedoms and legitimate interests of citizens.
As a logical continuation of important steps in the
reform of the judicial system in recent years, the Law
“On the Supreme Council of Judges of the Republic of
Uzbekistan”, the President of the Republic of
Uzbekistan on August 30, 2017 and
Resolution No. PP-4818 of September 3, 2020 “On
measures to digitize the activities of the judiciary” The
adoption of these decisions has led to many positive
changes and achievements in matters related to the
use and application of digital technologies in the
activities of the courts.
The use of modern digital technologies in the courts in
the context of a complex pandemic has led to the
possibility of online dispute resolution.
Widespread
introduction
of
modern
digital
technologies in the activities of courts – Internet
reception, interactive map of courts of general
jurisdiction of the Republic of Uzbekistan, resumes of
vacancies for judges and court staff, active electronic
communication with individuals and legal entities,
courts, government and other organizations and
courts and creates a number of conveniences based on
the study of the experience of foreign countries.
First
, to ensure openness, transparency and efficiency
of the judiciary, to increase the quality of judicial
proceedings and public awareness of justice, to
eliminate red tape, bureaucracy and abuse by the
judiciary.
Second
, to avoid taking more time to make a final
decision on the case before the court.
Third
, to resolve disputes more quickly by the courts
and to prevent an increase in the number of cases
pending before the courts.
Fourth
, expand the range of interactive services
provided by courts to individuals and legal entities.
Fifth
, online monitoring of each application process
will be provided,
Sixth
, free access to interactive services in courtrooms.
3
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Seventh
, the parties will be able to obtain court
decisions online.
Eighth
, recording in court using audio recordings
during the trial.
Ninth
, the automatic distribution of cases among
judges in the courts of first instance.
Tenth
, to inform all participants of the court on a free
basis about the time and place of court hearings via
SMS.
Eleventh
, to submit court decisions to the parties
online, and at their request in paper form.
Twelfth
, electronic submission and receipt of court
cases to the state archives.
Thirteenth
, the electronic exchange of information
with ministries and agencies in the course of court
proceedings.
Fourteenth
, the submission of claims, applications and
complaints to the courts only in electronic form by
public authorities and administration, local public
authorities, economic authorities, lawyers.
Fifteenth
, online monitoring of the process of
consideration of claims, applications and complaints by
stakeholders.
Sixteenth
, to ensure information security and secure
circulation of electronic documents in the judicial
system.
It is also planned to develop a mobile application that
will allow participating in court hearings by video
conference by the end of this year.
We can consider the following statistics on the
introduction of modern digital technologies in the
work of the courts and its results.
As a result of computerization of the courts alone,
444,236 cases were automatically distributed among
judges in economic courts. In addition, 508,528
enforcement documents of economic courts were sent
electronically through the information system, while
27,543 economic cases were formed electronically. In
2020, an electronic archive of 12,850 works was
formed. According to recent amendments to the
legislation, the Supreme Council of Judges of the
Republic of Uzbekistan has the authority to evaluate
the activities of judges on the basis of an open and
transparent
electronic
rating
program,
the
introduction of information and communication
technologies, as well as information security.
For the electronicization of the judicial system, it is also
assessed by the index of the rule of law in international
rankings. In the 2021 edition of the Rule of Law Index,
published by the World Justice Project on October 14,
Uzbekistan will rise 14 places.
️
In particular, according
to the Index of the Rule of Law of Uzbekistan – 85th
place, of which the indicator “Civil Justice" - 71, the
indicator "Criminal Justice” - 60th place. Indicates that!
4
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Electronicization of our courts is also based on foreign
experience.
So, according to the UK experience today, in economic
and civil courts, the amount of claims does not exceed
ten thousand pounds, less important cases are
resolved through the online court platform. (The Code
of Economic Procedure of the Republic of Uzbekistan
also provides for a simplified procedure, but does not
provide for the resolution of cases through an online
court platform). The main advantage of the online
court platform is that the parties will be able to
participate in court hearings from anywhere and
resolve disputes in a short time.
There are also law firms in foreign countries (UK, USA)
that resolve disputes independently, and disputes are
resolved in a very quick and convenient way.
https://www.ebay.com – engages in online trading and
resolves trade-related disputes. It is initially indicated
that it will be resolved by mutual agreement. If the
dispute is not resolved, the company employee will
resolve the dispute fully online within ten days.
https://www.modria.com – resolve civil and economic
disputes quickly and cheaply wherever they wish. Since
then, the need for courts in dispute resolution has been
declining, with courts being used as a final step in
dispute resolution.
5
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Also, the introduction of digital technologies in the
judicial system is a cornerstone in the administration of
justice, increasing the transparency and efficiency of
the system. For example, HM Courts & Tribunals
Service Digital Case System in the UK has reduced the
amount of paper used since 2015 by 500 tonnes and
reduced the time required to file a claim from 15
working days to 10 minutes. These statistics show that
by 2023, more than 2 million cases a year will be spent
outside the real courtroom, bringing the total to 244
million. Pound savings are planned. Eighty-four percent
of document exchange in Singapore courts is done
through electronic technology. Video conferencing is
widely used in the courts of leading countries such as
Hungary, USA, UK, Netherlands, Belgium, Italy, Ireland,
Australia, UAE, Singapore, Canada.
Based on the above, we should make the following
suggestions and recommendations to improve the
electronicization of the judiciary.
First
, the introduction of a single “Electronic Court”
system, which collects all the sites and electronic
information on the activities of the courts.
Second
, a drastic reduction in paper costs by creating
an electronic bank of cases in the courts.
Third
, to improve the existing procedural order and
non-human monitoring of violations of deadlines in the
court proceedings.
Fourth
, the launch of the Online Judicial Platform
based on the Electronic Judicial System and its
implementation in three stages.
a)
Online assessment - helps to determine the type,
basis and subject of the dispute and to explain the
rights and obligations of the applicants.
b)
Online consultant - the dispute is resolved without
the participation of a judge. It also acts as a
mediator at the same time.
c)
An online judge will resolve the dispute by mutual
agreement of the parties, failing which a judge will
be involved.
In conclusion, the new changes in the judiciary
strengthen its role in protecting the rights and
legitimate interests of citizens. Modernization of the
judicial system through the effective introduction of
digital technologies in the judiciary, as well as reliable
protection of the rights and freedoms of citizens,
entrepreneurs and legal entities, remote access to the
courts, resolving issues without visiting the
courthouse,
effective
videoconferencing
to
strengthen the confidence of our people in the judicial
system through the automatic distribution of cases
among judges, the publication of the final conclusions
of the court on the Internet and the sending of
executive documents in electronic form using
information technology, to turn the court into a real
“fortress of justice”.
REFERENCES
Normative and legal documents
1.
Resolution of the President of the Republic of
Uzbekistan dated August 30, 2017 “On measures to
6
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
1-6
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
further improve the introduction of modern
information and communication technologies in
the courts”.
Additional literature
2.
B.Ochilov. Head of the Department for the
Introduction of Information and Communication
Technologies and Information Security of the
Supreme Court.
3.
Law on the Supreme Council of Judges of the
Republic of Uzbekistan. http://hudud24.uz/sudlar-
faoliyatida-akhborot-tehnologiyalari-
ochi%D2%9Blik-va-shaffoflikka-hizmat-%D2%9Bildi/
4.
http://hudud24.uz/uzbekiston-hukuk-ustuvorligi-
indeksida-14-pogona-yukurildi.
5.
I.Saidov, Assistant Judge of Bukhara Interdistrict
Economic Court and Master of Brunel University
London.
6.
Shavkatovich P. O. THE PROCEDURAL ASPECTS OF
ELECTRONIC EVIDENCE IN CIVIL LITIGATION:
EXPERIENCE OF UZBEKISTAN //PalArch's Journal of
Archaeology of Egypt/Egyptology. – 2020. – Т. 17. –
№. 7. – С. 9192-9199.
7.
Худайбергенов, Б. Б. (2016). Вопросы правового
регулирования
судебной
санации
как
процедуры
банкротства
в
Республике
Узбекистан.
Приложение
к
журналу
Предпринимательское право, (3), 34-36.
Internet resources
8.
https://strategy.uz/index.php?news=1115
9.
lex.uz
10.
sud.uz
