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Digital Technologies in the Judiciary Under Martial Law in Ukraine
Oleksandra Yanovska, J.S.D., Prof.[1]
Abstract
Access to justice and enhanced cooperation between States are among the main objectives of the European area of freedom, security and justice. In 2023, the Consultative Council of European Judges adopted Opinion (No. 26 (2023) “Moving Forward: The Use of Assistive Technologies in the Judiciary”[2], which highlights the potential benefits of using technology in the judiciary while also addressing the challenges and risks such technologies may pose to the independence of the judiciary. At its 37th plenary meeting, the European Commission for the Efficiency of Justice (CEPEJ) adopted the Action Plan for 2022–2025, emphasizing digitalization as a tool aimed at improving justice and ensuring the effective application of new technologies while upholding fundamental human rights.
The war initiated by Russia against Ukraine in 2014, and escalated in February 2022, has inevitably affected the functioning of Ukraine’s judicial system. Ongoing hostilities and widespread destruction damaged the court's infrastructure and displaced a substantial part of the population. Russia's attacks on energy infrastructure have led to significant electricity shortages and staffing deficits in the courts, further disrupting judicial operations. To ensure continued access to justice, several digital solutions have been implemented.
Key words: digital court, AI technologies, digital evidence, assistive technologies in the judiciary, digitalization of justice.
Implementing the digitalization of justice must ensure full respect for fundamental rights, as enshrined in the Charter of Fundamental Rights of the European Union. This ensures that everyone in the Union, including individuals with disabilities and children, can access and benefit from digital tools in the justice system equally. Prioritizing security in the design and implementation of digital solutions is essential for promoting their uptake and for building citizens’ trust. Furthermore, digitalization can contribute to ensuring the rule of law throughout the EU.
Access to justice, including the right to a fair trial and an effective remedy, must be ensured whether justice is delivered face-to-face or through digital means.
In particular, in criminal proceedings in a digital environment, it is crucial to avoid violating the right of defense, including the accused's right to solicit legal counsel and protection obtained from concrete evidence. Like in civil proceedings, both parties must remain on an equal footing.
In February 2025, CEPEJ presented its first report on using artificial intelligence (AI) in the judiciary[3]. The report shows that 125 AI tools are currently used in European courts. It highlights the growing role of technologies such as machine learning and generative AI. These tools are not autonomous: they still require human oversight and are designed to assist, not replace, judges. As the report underlines, many AI tools are integrated into court systems. This raises concerns about transparency and accountability. The report calls for regular reviews to make sure AI is used effectively, ethically, and in line with human rights and democratic values.
The digitalization of justice in Ukraine has accelerated due to the COVID-19 pandemic. But Russia’s war against Ukraine has significantly disrupted the Ukrainian judicial system's operation. Ongoing hostilities and destruction have damaged court buildings and displaced large segments of the population. Numerous brutal attacks on Ukraine’s energy infrastructure have led to severe electricity shortages and personnel challenges, further impeding court operations.
Yet despite these tragic circumstances, the vast majority of judges and court staff continue to perform their duties. At the same time, a range of digital solutions has been implemented in Ukraine to ensure continued access to justice.
The Unified Judiciary Information Telecommunication System
The first one is the establishment of the Unified Judiciary Information Telecommunication System (UJITS), which is a set of information and telecommunication subsystems (modules) that automate the processes of courts, bodies and institutions in the justice system: document management; automated distribution of cases; exchange of documents between the court and participants in the court process; recording of court proceedings and participation of litigants in court hearings via videoconference; preparation of operational and analytical reports; information assistance to judges; processes that ensure the financial, property, organisational, personnel, information and telecommunication and other needs of UJITS users.
The process of digitizing court operations began back in the fall of 2017, when the Law of Ukraine “On the Judiciary and the Status of Judges”[4] was supplemented with Article 15-1 “Unified Judiciary Information and Telecommunication System” (UJITS).
However, the actual development of UJITS progressed slowly. In April 2021, a law was adopted providing for the phased implementation of UJITS, thereby accelerating its advancement.
As of October 5, 2021, three UJITS subsystems (modules) became operational: the “Electronic Cabinet”, the “Electronic Court”, and the videoconferencing (VCS) subsystem.
The “E-Cabinet” subsystem is a secure web service with an official Internet address (id.court.gov.ua) that provides the procedure for registering users in the UJITS, as well as further authentication of such persons for their access to the UJITS subsystems (modules) within the limits of the rights granted.
Electronic Court Subsystem (“E-Court”) enables the exchange of documents (including procedural documents, written and electronic evidence, etc.) between the court and trial participants, as well as receiving information on the status and results of consideration of such documents.
The videoconferencing subsystem provides video and audio recording of court hearings, reserves courtrooms, allows case participants to submit documents during a court hearing held via videoconference, and enables users to participate in meetings of other bodies and institutions of the justice system via videoconference.
The UJITS is based on cloud technologies, which enable remote data processing and storage. These technologies provide Internet users access to computing resources and software as online services.
However, a certain amount of time was still required for these subsystems to be fully operational in courts of various levels.
Attorneys, notaries, private enforcement officers, insolvency receivers, forensic experts, state authorities, and local self-government bodies shall register official email addresses in the Unified Judiciary Information Telecommunication System and/or its separate subsystems (modules) on a mandatory basis. Other persons shall voluntarily register official electronic addresses in the Unified Judiciary Information Telecommunication System and/or its separate subsystems (modules).
If documents are submitted to the court in electronic form, a participant in criminal proceedings shall provide proof of sending copies of those documents by registered mail with acknowledgment of receipt to other participants who do not have an official email address within the Unified Judiciary Information Telecommunication System and/or its separate subsystems (modules).
In our opinion, all actions and procedural decisions made by individuals involved in criminal proceedings should gradually undergo digitalization.
One of the directions of such digitalization should be the creation of a digital platform for the interaction of subjects of criminal procedural activity. This will make it possible to ensure the legal regime of transparency in the criminal process. With this in mind, we will determine the potential directions for implementing the idea of creating the above-mentioned platform:
Currently, criminal procedural legislation provides two forms of statements: oral or written. At the same time, based on the content of Clause 1 of Section IV of the Procedure for Keeping Unified Records in Police Bodies (Subdivisions) of Statements and Notifications of Criminal Offenses and Other Events[5], it is still possible to apply to a police body (subdivision) with statements using the Internet and electronic communication (electronic appeals). In addition, the National Police website has an appropriate form for filing an electronic statement. In this context, it is worth noting that submission of statements on the website of the National Police takes place under the Law of Ukraine “On Citizens’ Appeals”[6].
It is also possible to submit an electronic notification of a corruption-related criminal offense through the website of the National Anti-Corruption Bureau of Ukraine. However, the procedure for handling such statements involves printing them on paper and further processing them as written applications, which does not correspond to the model of electronic document flow.
This access should include several features: online submission of procedural documents and information exchange among participants, courts, and institutions; online access to all open materials; identification of individuals in criminal proceedings through electronic signatures that confirm the signatory's identity; online messaging capabilities; and notification of the outcomes of motions considered by the participants in the proceedings.
The objectives of creating such an electronic register include: simplifying access for the parties and the court to case materials at any time and from any location; allowing free access to copies of documents; providing an additional guarantee of the right to access procedural information and review case materials; preventing situations where the court must declare evidence inadmissible because a party failed to comply with the requirements of Article 290 of the Criminal Procedure Code of Ukraine[7] by not disclosing certain materials; shortening the duration of pre-trial investigations and court proceedings by reducing the time needed for mailing documents and reviewing cases; lowering procedural costs associated with copying materials, printing, postage, and travel expenses for personal submissions of documents; structuring and systematizing criminal proceedings cases' materials; reducing the risk of document falsification.
The iCase system
Taking into account the tremendous amount of registered war crimes – more than 150,000 crimes – given this context, we would like to draw particular attention to one more Ukrainian achievement in the digitalization of the judiciary – the iCase system, which is an essential part of Ukraine's judiciary transformation. The iCase system facilitates the gradual shift to electronic document exchange in criminal proceedings during the pre-trial stage. However, this system currently involves only the NABU (National Anti-Corruption Bureau of Ukraine), the SAPO (Specialised Anti-Corruption Prosecutor's Office), and the HACC (High Anti-Corruption Court).
Analyzing the legislation, we can note positive changes in this direction. The provisions of the Criminal Procedure Code of Ukraine are supplemented by Article 106-1, which defines the information and telecommunications system, and establishes the range of subject-users authorized to use the system in exercising their powers and procedural rights. In addition, the Regulation “On the Information and Telecommunications System of Pre-Trial Investigation – iCase System”[8] has already been approved. This Regulation is intended exclusively for pre-trial investigations conducted by detectives of the National Anti-Corruption Bureau of Ukraine. Accordingly, other pre-trial investigation bodies are not covered by the Regulation. Therefore, a pilot project was launched to assess the effectiveness of such a system for facilitating interaction among participants in criminal proceedings, to identify its strengths and weaknesses, and to use the experience gained in launching electronic systems to other pre-trial investigation bodies.
This Regulation defines the purpose, main tasks and functions, structure, subjects, users, as well as general principles of functioning of the iCase system information telecommunication system of pre-trial investigation in criminal proceedings, especially the ones carried out by detectives of the National Anti-Corruption Bureau of Ukraine.
The purpose of the iCase system is to automate pre-trial investigations, from creating and storing case materials to processing and transferring information within the system. It includes a secure core system, a telecommunication network, automated workstations, and a comprehensive security system. The System core includes: servers, virtualisation systems, data storage systems, a cluster of applications and services, a database cluster, integration gateway. The telecommunication network includes: telecommunication access networks, technical means of telecommunications, and means of cryptographic protection of information.
The iCase system tasks are as follows: creation of a single electronic space for the System's users, where materials and information on criminal proceedings are stored; creation of conditions for electronic interaction and automation of the work of the System's subjects to increase the efficiency of performing the tasks assigned to them by law, reduce time and financial costs for pre-trial investigation, management, information search, analytical work, and reporting; providing accurate analytical data for making effective management decisions based on facts; ensuring information interaction with other information (automated), information telecommunication systems.
In 2023, the HACC implemented the iCase system, eliminating the need for court staff to convert documents into paper format. Now, most court cases are maintained digitally.
Some key figures:[9] As of April 2025, 1783 criminal proceedings have been entered into the system. The system also allows for generating procedural documents in 67 template forms, significantly saving time in interactions between detectives, prosecutors, and courts. In 2025, the NABU and the SAPO filed 730 motions with the HACC using the iCase system in four months.
This system continues to be used more and more frequently. This can be seen if we compare the number of applications for search warrants filed with and without the iCase system. The 434 search warrants filed through the iCase system account for almost 80 percent of the total. At the same time, the statistics on applications for temporary access are relatively low. The HACC (High Anti-Corruption Court) received 287 motions through the iCase system, which is only 60% of the total.
Today, it is possible to complete the entire cycle of a digital court case: creating a petition in iCase system, submitting it to the HACC, receiving a copy of the petition by the defense party in the Electronic Court system within the user's account, reviewing it, submitting procedural documents by the defense party, as well as filing an appeal – and all these stages can take place exclusively in digital format.
In summary, it is important to underline that conducting an effective pre-trial investigation is deemed impossible without a functioning information and telecommunication system, which has already been legally established. However, it has yet to be implemented in the operations of all pre-trial investigation bodies.
The electronic (digital) evidence
When discussing the digitalization processes in Ukraine's legal system, one cannot overlook specific issues related to the electronic (digital) evidence utilized. Forasmuch as the formation of evidentiary information is inextricably linked to the potential restriction of individual rights, its proper regulation is extremely important.
So, let's outline the promising directions of development:
One of the key challenges is the fact that digital information is not always tied to a specific material carrier. This makes it difficult to ignore certain features unique to digital data, such as the ability to be transferred between different carriers, the potential for the same information to exist on multiple, unconnected carriers at the same time, and the fact that it can be deleted or altered remotely, sometimes without human intervention, through the use of software.
Therefore, in our opinion, it is more appropriate not to overlook the unique nature of digital information, but rather to recognize such objects as having independent evidentiary value and, accordingly, to broaden the range of procedural sources of evidence.
This issue becomes especially relevant with the emergence of entirely new intangible forms of evidentiary information, such as the so-called trail of electronic traces. These electronic and digital traces form a system that records the interactions within the information and telecommunications environment and can reveal the connection between the criminal's and the victim's computers.
A key aspect is the need for double judicial control. This would be applied separately to limit the right to inviolability of a person’s home or property and the right to privacy. For example, investigators now often examine digital devices like smartphones, tablets, and computers. The goal is to identify and copy digital information stored on these devices for use in criminal proceedings.
However, investigators do not limit themselves to visual observation of the external features of these devices. They often attempt to access private data, such as SMS messages, WhatsApp, Viber, and Telegram messages, or recorded phone calls.
The nature of such actions essentially means interference with a person's private communication, which requires mandatory judicial control. Similar investigative actions are set out in Article 19 of the Cybercrime Convention[10].
Information on electronic devices is not the same as the device itself. The information is a separate object of property rights and an object of the right to privacy. Therefore, access to this data or copying requires a separate court decision. Specifically, an investigating judge must engage an expert to conduct the examination.
The Online Court Hearings
It is crucial to emphasize the significant progress made in the implementation of online court hearings in Ukraine. Videoconferencing (VCS), as part of UJITS, allowed participants to engage in court hearings remotely using technical means, even when they could not be physically present.
The CEPEJ Guide on conducting court proceedings via video conference, approved at the 36th plenary session in June 2021[11], helped courts better understand the approach to using VCS.
Decision of the High Council of Justice, approved on August 17, 2021, established regulations for UJITS subsystems[12], allowing participants to use their devices for VCS outside the court premises, provided they meet technical requirements. Participants must register in the electronic cabinet and verify their equipment's compatibility with the system to use VCS.
In the era of modern information technology development, especially considering that Ukraine has been under martial law for more than three years, the use of videoconferencing plays a significant role in the judicial system. Hostilities made it difficult for participants in legal proceedings to submit documents to courts or physically attend hearings, creating the need for a mechanism to ensure that justice could continue under martial law.
More widespread use of VCS in courts began after martial law was introduced by the Decree of the President of Ukraine on February 24, 2022[13], as many participants could not attend hearings due to the war. The Council of Judges of Ukraine (CJU) and the Supreme Court (SC) responded immediately: On March 2, 2022, the Council of Judges of Ukraine issued recommendations for courts under martial law[14], allowing participants to use any available technical means, including their own devices, if they could not participate via the officially approved means. The following day, the Supreme Court issued a letter to appellate court presidents[15], reinforcing this opportunity. These recommendations helped increase the number of VCS requests.
Article 336 of the Criminal Procedure Code (CPC) outlines cases where court proceedings may be conducted via videoconference, such as when a participant cannot attend due to health reasons or other serious circumstances, to expedite the proceedings, or to ensure the safety of individuals. However, the technical aspects of VCS use are not addressed in the CPC, leaving the resolution of issues like software selection and recording of VCS to the State Judicial Administration. The provisions of Article 336 CPC regarding VCS were applied in practice long before the war with Russia. However, such use was only occasional, possibly because VCS had to be conducted using licensed TrueConf software for security reasons.
Following the entry into force of the amendments to the Criminal Procedure Code of Ukraine introduced by Law dated February 23, 2024, the parties are allowed to use video conferencing in criminal proceedings using their technical means. Undoubtedly, this is a significant step forward, as even during the COVID-19 pandemic, and after the start of the full-scale invasion, courts widely used this tool even in the absence of a direct indication in the procedural law.
Using personal technical equipment for videoconferencing simplifies the proceedings. In wartime, if courts from different regions hold a videoconference, the risk of delays or postponements increases with the number of involved regions. This is because a court in one region might be unable to operate due to air raids or other military events. Meanwhile, individuals may still be able to connect to the court using personal devices from shelters or other safe locations.
Legal Position Database
In 2024, the Supreme Court (Ukraine) reviewed nearly 90,000 cases. This enormous workload requires skilled professionals and robust software tools. One such tool is the Legal Position Database. This database is more than just a research tool; it is designed to ensure unity in court practices. It stores the legal positions taken by the Supreme Court in various cases, providing a crucial reference point for judges and lawyers. This facilitates the maintenance of consistency and predictability in judicial decisions.
In the past, legal professionals had to search manually through large, often unstructured databases, which was slow and inefficient. Today, with the Legal Position Database, relevant case law from both the Supreme Court and the European Court of Human Rights can be accessed quickly, allowing lawyers to assess case outcomes with greater certainty.
The database's key function is full-text search, enabling lawyers to find relevant Supreme Court practices quickly and accurately. The database includes a structured catalog of court decisions grouped by relevant legal relationships. For example, criminal court practice is organized according to the articles of the Criminal Code of Ukraine, which helps users find decisions related to specific legal provisions. Additionally, users can access the full text of these decisions.
Another useful feature is text fragment search, allowing users to copy a section of text related to their case and paste it into the search slot. The database will then return relevant legal positions, and users can also upload a Word document, such as a draft claim.
There is also an innovative search by links to the court decisions register. The Unified State Register of Court Decisions has been operating in Ukraine since 2006, containing all court decisions in an anonymized form, with the anonymization performed using AI. For example, if someone wants to appeal an appellate court ruling, they can paste the link to that decision in the register into the search slot, and the database will find relevant Supreme Court practices. This saves time and brings clarity.
Cooperation with the European Court of Human Rights has deepened. Many of their decisions are already linked to Supreme Court practices, making it easier to track legal precedents and align practices with European standards.
In April 2025, the updated version of the Legal Position Database was launched, offering enhanced search features, a more intuitive interface, and improvements to its mobile version. Moreover, utilizing AI technologies could enhance the functionality of this IT product across multiple languages.
Conclusion
All these achievements are early steps, but they are meaningful. AI will not replace judges, but it can simplify routine workload, giving judges more time to focus on complex legal issues. Looking ahead, a full transition to E-Courts is underway, with plans to integrate with Ukraine’s Diia mobile application, which provides Ukrainians access to various digital documents and services.
The use of modern technologies, particularly AI, strengthens the judiciary but also brings challenges. Like other countries, Ukraine must continue to accelerate the digitalization of justice, ensuring that these tools benefit both the legal community and the public.
Digital transformation is a key aspect of justice system reforms, especially under martial law, providing access to legal services for citizens and businesses. To reap the full benefits of digital technologies and AI assistive technologies in judicial proceedings, it is necessary to focus on two goals: first, to help countries advance their national justice systems by enhancing cooperation and digital adoption among national judicial authorities; second, to improve cross-border judicial cooperation. This includes further digitalizing public justice, promoting secure videoconferencing, facilitating the interconnection of national databases and registers, and ensuring secure electronic communication channels between competent authorities.
[1] Oleksandra Yanovska is a Justice of the Cassation Criminal Court of the Supreme Court of Ukraine; she served on the Grand Chamber of the Supreme Court from 2017 to 2020. From 2012 to 2021, she held the position of professor in the Department of Justice at the Law Faculty of Kyiv Taras Shevchenko National University. Prior to that, she maintained a private legal practice specializing in criminal cases. Since 2015, she has served as an ad hoc judge at the European Court of Human Rights and, since 2022, has represented Ukraine in the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe.
yanovskaya.a@ukr.net
+380(93)3584407
Pylypa Orlyka St., 4a, Kyiv, 01043, Ukraine
[2] Opinion of the Consultative Council of European Judges (No. 26 (2023) “Moving Forward: The Use of Assistive Technologies in the Judiciary”. Available at the Consultative Council of European Judges (CCJE). <https://rm.coe.int/ccje-opinion-no-26-2023-final/1680adade7> accessed 09.05.2025.
[3] Report on the use of Artificial Intelligence (AI) in the judiciary: the European Commission for the Efficiency of Justice (CEPEJ) (17 February 2025). Available at the European Commission for the Efficiency of Justice. <https://rm.coe.int/cepej-aiab-2024-4rev5-en-first-aiab-report-2788-0938-9324-v-1/1680b49def> accessed 09.05.2025.
[4] Про судоустрій і статус суддів: Закон України від 02.06.2016 № 1402-VIII [On the Judiciary and the Status of Judges: Law of Ukraine from 02.06.2016 № 1402-VIII]. <https://zakon.rada.gov.ua/laws/show/1402-19#Text > accessed 04.05.2025.
[5] Порядок ведення єдиного обліку в органах (підрозділах) поліції заяв і повідомлень про кримінальні правопорушення та інші події: наказ Міністерства внутрішніх справ України від 08.02.2019 № 100 [The Procedure for Keeping Unified Records in Police Bodies (Subdivisions) of Statements and Notifications of Criminal Offenses and Other Events: Order of the Ministry of Internal Affairs of Ukraine from 08.02.2019 № 100]. <https://zakon.rada.gov.ua/laws/show/z0223-19#Text>accessed 04.05.2025.
[6] Про звернення громадян: Закон України від 02.10.1996 № 393/96-ВР [On Citizens’ Appeals: Law of Ukraine from 02.10.1996 № 393/96-ВР]. <https://zakon.rada.gov.ua/laws/show/393/96-%D0%B2%D1%80#Text> accessed 10.05.2025.
[7] Кримінальний процесуальний кодекс України від 13.04.2012 № 4651-VI [Criminal Procedure Code of Ukraine from 13.04.2012 № 4651-VI]. <https://zakon.rada.gov.ua/laws/show/4651-17#Text> accessed 10.05.2025.
[8] Положення про інформаційно-телекомунікаційну систему досудового розслідування “іКейс”: Наказ Національного антикорупційного бюро України, Офісу Генерального прокурора, Ради суддів України, Вищого антикорупційного суду від 15.12.2021 № 175/390/57/72 [The Regulation on the Information and Telecommunications System of Pre-trial Investigation “iCase”: Order of the National Anti-Corruption Bureau of Ukraine, the Prosecutor General's Office, the Council of Judges of Ukraine, the Supreme Anti-Corruption Court from 15.12.2021 No. 175/390/57/72]. <https://zakon.rada.gov.ua/laws/show/v0390886-21#Text> accessed 10.05.2025.
[9] Available at the website HAAC. <https://hcac.court.gov.ua/hcac/gromadyanam/practice_and_statistics/> accessed 10.05.2025.
[10] United Nations Convention against Cybercrime: resolution of the UN's General Assembly from 24.12.2024,
№ 79/243. Available at the United Nations. <https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf> accessed 10.05.2025.
[11] Guidelines on videoconferencing in judicial proceedings (2021, CEPEJ). Available at the Council of Europe. <https://edoc.coe.int/en/efficiency-of-justice/10706-guidelines-on-videoconferencing-in-judicial-proceedings.html# > accessed 10.05.2025.
[12] Про затвердження Положення про порядок функціонування окремих підсистем Єдиної судової інформаційно-телекомунікаційної системи: Рішення Вищої Ради Правосуддя від 17.08.2021 № 1845/0/15-21 [On Approval of the Regulation on the Procedure for the Functioning of Individual Subsystems of the Unified Judicial Information and Telecommunications System: Decision of the High Council of Justice from 17.08.2021
№ 1845/0/15-21]. <https://dsa.court.gov.ua/userfiles/media/new_folder_for_uploads/dsa/richenna_VRP_ECITC_21.pdf> accessed 10.05.2025.
[13] Про введення воєнного стану в Україні: Указ Президента України від 24.02.2022 №64/2022 [On the Introduction of Martial Law in Ukraine: Decree of the President of Ukraine from 24.02.2022 №64/2022]. <https://www.president.gov.ua/documents/642022-41397> accessed 11.05.2025.
[14] Щодо роботи судів в умовах воєнного стану: рекомендації Ради суддів України від 02.03.2022 [ Regarding the Work of Courts under Martial Law: Recommendations of the Council of Judges of Ukraine from 02.03.2022]. <https://rsu.gov.ua/ua/news/usim-sudam-ukraini-rsu-opublikuvala-rekomendacii-sodo-rooti-sudiv-v-umovah-voennogo-stanu> accessed 11.05.2025.
[15] Щодо окремих питань здійснення кримінального провадження в умовах воєнного стану: лист Верховного Суду від 03.03.2022 [Regarding Certain Issues of Conducting Criminal Proceedings under Martial Law: letter from the Supreme Court from 03.03.2022]. <https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/war/Inform_lyst_2022_03_03.pdf > accessed 11.05.2025.
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