INFLUENCE OF INFORMATIZATION ON THE EFFECTIVENESS AND RELIABILITY OF CIVIL PROCEEDINGS ON THE EXAMPLE OF POLISH SOLUTIONS

Kinga Flaga Gieruszyńska

Abstract


The Polish legislator has introduced to civil procedural law a series of solutions that allow the use of IT tools in the recognition and resolution of civil cases. In this respect, procedural construction can be indicated, referring directly to the manner of conducting proceedings, such as the possibility of carrying out the entire examination and enforcement proceedings in the ICT system (e.g. electronic proceedings by writ of payment) or using IT tools to a certain extent (e.g. the admissibility of electronic means of evidence, possibility of using distance communication means). Other instruments concern the informational sphere of the system of justice in civil matters and its relationship with the environment. They allow, among others to increase the level of information on the system of justice, as well as a specific civil case (e.g. Internet access to electronic protocols for parties and participants in the proceedings, and for third parties – access to the database of anonymised court decisions together with justifications). Organizational and technical tools are also not without significance, referring above all to the possibility of creating electronic case files, searching them and, more broadly speaking, allowing effective case management. All these solutions, which are at various stages of implementation, have a significant impact on the effectiveness of the proceedings (in particular evidentiary proceedings and later on enforcement proceedings), and also strengthen the guarantee of reliable proceedings, an example of which is the ability to faithfully document court meetings (protocol in the written form is only a shortened reflection of the course of the proceedings).

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