The Grounds Of European Criminal Procedure Policy In The Field Of Cyberjustice

Abstract

The grounds of the European criminal procedure policy in the field of cyberjustice are analyzed in the article. The principles, tasks, expected results of the implementation of the cyberjustice, the basic approach to its implementation have been researched.

The foundations of the European criminal procedure policy in the field of cyberjusticehave been introduced mainly in the acts of the European Council since 2011. Nowadays, the main source of European law in this field is the Guidelines on Cyberjustice of 14 June 2019, which are universal in nature, as they relate to various types of court proceedings, including criminal proceedings. Improving the quality of justice and taking an individual approach to the needs of the judiciary are key principles in building of cyberjustice. The main tasks, expected results of the implementation of cyberjustice, basic approaches to the implementation of the project have been definedat the model level.

In order to implement the identified principles and achieve the expected results, the Guidelines on Cyberjusticeidentify two possible approaches forcreation of cyber justice: 1) centralized approach. A single authority manages at the national level. Such body could be the Ministry of Justice or the State Judicial Administration in Ukraine; 2) decentralized approach. Courts, prosecutors’ offices possesstheir own data centers and use software and data on their own. At the same time, the information should be systematically transmitted to the appropriate central authority.

The article summarizes that 1) the foundations of European criminal justice policy in the field of cyber justice are enshrined, mainly, in Council of Europe acts since 2011; 2) Currently, the main source of European law in this area is the Guidelines on Cyber Justice of 14 June 2019, which are universal in nature as they relate to various types of justice, including criminal proceedings; 4) The key principles of cyber justice are to improve the quality of justice and to take an individual approach to the needs of the judiciary; 5) defines the main tasks, expected results of implementation of cyber justice, basic approaches to its implementation at the model level.