Courts will no longer be able to ignore requests for online hearings: a bill registered in the Verkhovna Rada
The right to judicial protection, guaranteed by Article 55 of the Constitution of Ukraine, is taking on new forms, as in martial law conditions access to justice is not only a right but also a matter of physical safety. Transport restrictions, shelling threats, and the displacement of millions of citizens have forced the judicial system to adapt to remote work. However, the current state of regulatory framework leaves too much room for judicial discretion. Despite the availability of technical means, participants in cases often face unjustified refusals by courts to hold hearings online.
The Verkhovna Rada notes that some courts of general jurisdiction refuse to satisfy motions for holding court hearings via videoconference on contrived grounds, citing that the legislation does not clearly establish the court’s obligation to conduct hearings via videoconference.
From judicial discretion to imperative norm
The new bill 15446 proposes to turn the possibility of holding videoconferences into a mandatory obligation of the court.
The initiative aims to change the approach to participation in court hearings via videoconference. The document proposes to amend Articles 212 of the Civil Procedure Code, 197 of the Commercial Procedure Code, and 195 of the Administrative Procedure Code of Ukraine, replacing the court’s discretionary right with an obligation to ensure remote participation if a corresponding request is submitted.
Thus, the court will not be able to refuse videoconferencing solely based on its own discretion or workload.
Exhaustive list of refusals
The bill clearly limits the cases when videoconferencing cannot be provided:
- Lack of technical capability: if the court actually does not have equipment or it is malfunctioning. Importantly, the court must indicate the presence or absence of such capability already in the ruling on the commencement of proceedings.
- Mandatory appearance: when the court has recognized that the personal presence of a participant is critically necessary for the case.
- Violation of submission procedure: if the request was submitted late, less than 5 days before the hearing, or with other procedural defects.
Who the changes are for
The bill aims to reduce the number of refusals to hold hearings via videoconference by establishing the court’s obligation to ensure remote participation upon submission of the relevant request. This may be especially relevant for business representatives in commercial disputes and participants in administrative proceedings.
Moreover, the proposed changes are intended to unify the procedure for conducting videoconferences in civil, commercial, and administrative proceedings, establishing a single approach for all jurisdictions.
The explanatory note states that the implementation of the bill will not require additional expenditures from the state budget, as remote court hearings will be conducted using the already functioning infrastructure of the Unified Judicial Information and Communication System.
Technical aspects and security
As before, case participants will be able to connect both from another court premises and outside the court, using their own technical means. Qualified electronic signature use is provided for identity confirmation. If a participant does not have one, identification will be carried out in accordance with the legislation on the Unified State Demographic Register.
Technical means must ensure proper sound and image quality and comply with information security requirements. Each court hearing held via videoconference will be subject to mandatory audio and video recording, and the recording will be attached to the case materials.
The bill maintains the current approach regarding the distribution of responsibility for technical risks. If a case participant takes part in a hearing outside the court using their own technical means, they bear the risks of connection interruption, equipment malfunction, or lack of network access.
At the same time, responsibility will not be placed on the participant if the technical impossibility of conducting a videoconference arose from the court’s side after the appointment of such a hearing format.
What will change after the law is adopted
If the bill is adopted, courts will be obliged to ensure the participation of parties via videoconference upon submission of the relevant request and technical capability, and the grounds for refusal will become more clearly defined.
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