Digitalization of the activities of the ECtHR in civil and commercial proceedings and the problems of their enforcement: international legal experience

Abstract

The article is devoted to the study of the foreign experience of digitalization of the activities of judicial bodies in civil and commercial proceedings and the digitalization of the activities of the ECtHR. The researchers analyzed the role played by digital technologies in the context of the implementation of judicial proceedings and enforcement of law decisions. The purpose of the work is the study of the new technological reality, including the functioning of the ECtHR and the consideration of cases in the field of economic and civil proceedings by such a court in conditions of digitalization, the analysis of problematic issues of the implementation of decisions of jurisdictional bodies, as well as a detailed examination of the international legal experience of digitalization of the judiciary and execution services. The object of the study is the social relations related to the digitalization of the activities of judicial bodies and enforcement bodies. The subject of the study is the international legal experience of digitalization of the activity of the ECtHR in civil and commercial proceedings, as well as problematic issues of enforcement. The research methodology consists of such methods as formal-logical, analysis, synthesis, abstraction, induction and deduction, historical, systemic, sociological-legal, and comparative-legal. As a result of the conducted research, it has been proven that the further digitalization of the ECtHR will allow to significantly improve the consideration of cases and ensure access to justice for a wider range of people.

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“…One of the most progressive examples of digitalization and automation in the field of court decision enforcement is the experience of the United States of America. The United States has implemented an electronic court system that allows litigants to access information on the status of cases, submit documents and perform other procedural actions electronically (Kryvosheina et al, 2022). Another example of successful digitalization and automation in the field of court decision enforcement is the experience of the United Kingdom.…”