THE USE BY PARTICIPANTS OF THE CASE OF THE UJITS IN CIVIL JUDICIARY

Introduction. The modern development of digital technologies also affected the sphere of national justice. Currently, digital technologies are actively used in civil proceedings to speed up the document flow and carry out other procedural actions using them. The expansion of the scope of use of digital technologies in civil proceedings was directly influenced by the improvement of procedural legislation. Thus, on July 21, 2023, the Law of Ukraine dated June 29, 2023 No. 3200-IX (hereinafter — Law No. 3200-IX) “On Amendments to Certain Legislative Acts of Ukraine Regarding Mandatory Registration and Use of Electronic Cabinets in the Unified Judicial Information System” entered into force — a telecommunications system or its separate subsystem (module), which ensures the exchange of documents”. This Law amended three procedural codes — the Economic Рrocedure Code, the Civil Рrocedure Code, and the Code of Administrative Procedure of Ukraine. However, this study will focus on the changes that were made in the Civil Рrocedure Code of Ukraine. Purpose. The purpose of this study is aimed at revealing the essence of the rights and obligations of participants in civil cases when they use UJITS; procedure for submission of procedural documents using UJITS; consequences of non-use by process participants of the obligation to use UJITS. Materials and methods. The research materials are: 1) regulatory and legal acts regulating social relations of participants in civil cases regarding their use of UJITS; 2) works of domestic and foreign authors conducting scientific and practical research on the use of digital technologies in civil justice. In the process of carrying out the research, the following scientific methods were used: theoretical generalization and grouping. The use of this method made it possible to classify the participants in civil cases according to the criterion of their mandatory use of UJITS when submitting applications to the court and carrying out other procedural actions into three groups: 1) persons who must (imperatively) carry out procedural actions using UJITS; 2) persons who, depending on their desire (dispositive procedure), can use the UJITS to carry out procedural actions; 3) persons for whom the use of UJITS contradicts their religious beliefs. At the same time, these persons are obliged to notify the court of such circumstances in a substantiated separate written statement, submitting it with the relevant procedural document; the method of analysis and synthesis was used to clarify the issue: the use of UJITS, in accordance with the provisions of parts 5 and 6 of Art. 43 of the Civil Рrocedure Code of Ukraine, is the right or duty of the participants in the case, which in turn allowed us to conclude that the answer to it should be sought in the content of Part 6 of Art. 14 of the Civil Рrocedure Code of Ukraine, that is, for one category of participants in the case it will be an obligation, and for another — a right; the structural-functional method served as a methodological basis for determining the essence of legally important circumstances. It was directly used in the study of the procedure for submitting procedural documents using UJITS and the consequences of non-use by the participants of the process of the obligation to use UJITS, it was concluded that the performance of certain actions by the participants in the case when using UJITS is regulated by the approved decision of the Supreme Council of Justice. At the same time, such actions are directly related to the progress of a civil case in court, so it is advisable that they be enshrined in the norms of the Civil Рrocedure Code of Ukraine. The comparative legal method of the study made it possible to conduct an analysis of legal acts that regulate the specifics of the use of UJITS by participants in civil cases.