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On January 25, 2022, the Supreme Council of Justice, by decision No. 83/0/15-22, approved changes to the Regulation on the procedure for the functioning of individual subsystems (modules) of the Unified Judicial Information and Telecommunication System with the aim of bringing the automated distribution of court cases into compliance with current legislation.
This Regulation was approved by the decision of the Supreme Administrative Court dated August 17, 2021 No. 1845/0/15-21 and determines the procedure for the functioning of individual subsystems (modules) of EUITS, in particular the "Electronic Cabinet", "Electronic Court" and video conferencing subsystems, in courts and bodies of the justice system linden; procedure for taking procedural actions in electronic form using such subsystems; peculiarities of the use of other software in the courts and bodies of the justice system in the transition period before the start of the operation of EUITS as part of all subsystems (modules).
VRP notes that, in accordance with the provisions of the current legislation, EUITS provides, among other things, the determination of a judge (judge-rapporteur) for consideration of a specific case in accordance with the procedure established by the procedural law.
Since the specifics of the distribution of court cases are established by the Regulations on EUITS and/or the regulations defining the procedure for the functioning of its individual subsystems (modules) and given that the determination of the judge-rapporteur for consideration of a specific case is provided by EUITS, it became necessary to make appropriate changes to the Regulations.
In accordance with the changes approved by the Council, the Regulation was supplemented, in particular, by Chapter IV "Peculiarities of the automated distribution of court cases".
According to the document, the determination of a judge, and in the case of a collegial review, a judge-rapporteur for consideration of court cases (proceedings) is carried out in the court in the manner determined by the procedural law, on the day of their registration on the basis of information entered into the automated system by an authorized person of the court apparatus, responsible for the automated distribution of court cases.
The following court cases are not assigned to a specific judge:
- two months before the end of the judge's term of office;
- for fourteen days, unless another term is established by the meeting of judges of the relevant court, before the start of the vacation (if its duration is at least fourteen calendar days);
- three working days before the start of the vacation, if its duration is less than fourteen calendar days;
- during the judge's vacation;
- one business day before the business trip (three business days if the business trip lasts more than seven calendar days) and during the days the judge is on business trip;
- during temporary incapacity of the judge;
- one working day before sending a judge to training to maintain qualifications at the National School of Judges of Ukraine, training, advanced training, to participate in seminar classes, activities of judicial self-government bodies, etc. without going on a business trip (if there is an order of the head of the court);
- on the days of a judge undergoing training to maintain qualifications, periodic training for the purpose of improving the level of qualifications at the National School of Judges of Ukraine, training, improving qualifications, during participation in seminar classes, activities of judicial self-government bodies, etc. without going on a business trip (if there is an order of the head of the court) ;
- in the absence of the judge's access to state secrets in a form that corresponds to the degree of secrecy of the information contained in the case materials;
- in other cases provided by law, in which the judge cannot administer justice or participate in the consideration of court cases.
The State Judicial Administration is tasked with ensuring that the automated distribution of court cases in courts is brought into line with the approved changes by March 1, 2022.