Electronic Justice: Risks and Opportunities

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“I tried to use the system on February 1. To be honest, the first claim I attempted to file was met with tech issues,” says lawyer Gurgen Torosyan, who was among the first to utilize the electronic system for civil proceedings.

From February 1, 2024, all procedural documentation in new civil cases will be drafted and submitted to the court electronically. Ara Mkrtchyan, Armenia’s Deputy Minister of Justice, states that almost everyone, including state and local self-governing bodies, legal entities, lawyers, notaries, and certified mediators, are required to submit documents to the court electronically. This requirement will only affect individuals who have used the system at least once. Once initiated, they must continue submitting documents online. Failure to do so will necessitate notifying the court of their inability to use the system and providing an explanation. 

Torosyan recalls that the system initially failed to recognize the required electronic signature and state tax payment code, but these issues were later resolved. However, the system completely broke down on February 3 and 4. “A message stating that the system would be down for several hours was displayed, but it ended up being down for two whole days,” he said.

According to Torosyan, if they are required to prepare and submit documents electronically, the system should be accessible round the clock, even on non-working days to accommodate individuals with busy schedules. Additionally, he highlights concerns regarding the system’s inability to facilitate alterations to previously registered information, such as addresses and phone numbers.

Lusine Virabyan, a lawyer, believes that if the system operates smoothly without frequent breakdowns, as seen with the Datalex information system [an online database that provides real-time information regarding court cases in Armenia], it would be quite a successful program.

“It is still new, so naturally there will be breakdowns,” she says. “But if these disruptions continue in the future, they could lead to missed document submission deadlines, with negative consequences.”

Deputy Minister Mkrtchyan anticipates busy work days ahead as the system is still in its initial operational phase, and given the extensive range of its activities. This is a significant step toward the development of a unified electronic justice (EJ) management system.

The Purpose of the Unified System

On July 21, 2022, the government decided to adopt the 2022-2026 judicial reform strategy and the related action plan. The primary goal of the strategy is to establish a unified EJ management system, ensuring that electronic databases are available and modernized. Therefore, plans are in place to:

• Develop an electronic system for document circulation among judicial and law enforcement bodies (including preliminary and follow-up investigative bodies and prosecutor’s office), services (such as enforcement, corrections and probation) and other relevant entities.
• Modernize the existing electronic management systems of courts and other justice institutions.
• Implement an electronic management system that facilitates the transfer of court cases between courts, launches a notification system between litigants and the court, and enables the electronic submission of evidence, motions, and other procedural acts.
• Develop an electronic platform that enables official online correspondence. This platform should facilitate the exchange of electronic documents among all case participants, allow individuals and legal entities to establish online contact, submit applications, file complaints, and other documents to state bodies, as well as monitor case progress online.
• Guarantee the system’s ongoing gathering of statistical data throughout proceedings; integrate all databases and electronic systems used by justice bodies and ensure the creation of digital archives.

To achieve these objectives, 21 activities have been outlined. Currently, seven of these have been fully completed, one has been partially implemented, and the remaining 13 have yet to be implemented.

Electronic modules for civil and bankruptcy cases, an electronic mediation system (e-mediation.am), a unified notification system (notify.e-gov.am), an electronic probation service system (e-probation), and an electronic pre-trial criminal proceedings (e-criminal case) have all been developed and launched.

This year, there are plans to launch electronic modules for administrative and criminal proceedings, update the e-penitentiary and e-register systems, launch an online tool for publishing reports and statistics summarizing court activities, and implement and launch the Electronic Justice unified platform, among other things.

The Deputy Minister of Justice states that electronic platforms that were developed and used prior to the strategy, such as e-draft.am, arlis.am, datalex.am, etc., will be updated if they are still operational. Platforms with poor functionality will be replaced with new ones.

Risks and Opportunities

With the widespread adoption of digital technologies in practically all aspects of life, attorney Tatevik Gharibyan, a researcher at the CPI Rights Protection Center, views the implementation of an electronic system in the justice sector as a natural evolution. Yet, she acknowledges that this system presents both opportunities and risks.

According to Gharibyan, while there are projected benefits, potential risks such as database security and personal data protection exist.

Deputy Minister of Justice Ara Mkrtchyan has stated that the development and operation of electronic systems are delegated to independent organizations through competitive procurement processes. He asserts that, “Safety issues are contractual obligations of the organizations that create and provide the service.”

On the issue of personal data protection, Mkrtchyan notes that the Personal Data Protection Agency is involved in the development of legislation governing the operation of electronic systems. He assures that appropriate solutions will be provided should any risk arise.

The anticipated benefits are more frequently discussed. “Electronic justice is one of the most important directions of judicial reforms. Through its implementation, we aim to reduce the burden on courts, increase court accessibility, trial transparency, and ensure trials are free of corruption, ” Mkrtchyan states. 

Expenses

The 2022-2026 judicial reform strategy (Appendix 2 of the Government Decision) indicates that approximately 5 billion AMD (about $12 million US) are needed to implement 21 activities. Funding sources may include credits or grants, in addition to the state budget.

The rationale for the draft law that amends the Judicial, Civil Procedure, and Administrative Procedure Codes suggests that digitizing civil and administrative proceedings could save time and cut costs for both the courts and the participants involved.

The same document states that the 2023 budget for the postal communication service was approximately 1 billion AMD. While it’s expected that these costs will decrease, the exact amount  is unknown. This is due to the unknown percentage of cases that will employ electronic justice tools. However, Karen Andreasyan, the President of the Supreme Judicial Council,  remarked in a December statement at the launch of the electronic system of civil proceedings, “As a result of implementing this system, the state will be able to save more than half a billion AMD annually.”

The activity record from the 2022-2026 judicial reforms strategy shows a similar amount was needed to implement that system.

Expectation: An Efficient and Accessible Judiciary

Attorney Tatevik Gharibyan states that efficiency, ethics and independence are the main criteria for assessing a judicial system  Efficiency refers to cost-effectiveness and the degree to which the system achieves justice.

According to Gharibyan, if the strategy envisaged is implemented, it could enhance efficiency.  “For example, issues such as queuing at the post office, delivering letters, or returning a case due to a missed notification to one party could be eliminated. These minor technicalities often slow down case investigations to the point where justice is not being served,” says Gharibyan.

Genya Petrosyan, the director of the Law Development and Protection Foundation, emphasizes that despite the Judicial Code [Article 18, author] requiring statistics, there is no tool for statistical analysis.

The strategy recognizes that access to information and statistics about the justice system is limited. The statistical data provided on court.am is not current, automatically collected, or user-friendly. We also encountered this problem: the statistical data had inconsistencies, and some documents were not in Unicode code. 

“Without statistics, it is impossible to assess the effectiveness of the judge’s activities.” says Petrosyan, noting that vital indicators of effectiveness include  the duration  of the case examination, the number of sessions scheduled, and their frequency.

If the electronic tool is implemented, reports and statistics summarizing the courts’ actions will be available online. It is anticipated that this will enhance the judiciary’s public accountability and transparency (standard of ethics).

Experts anticipate that one of the positive outcomes will be improved accessibility. This system removes the need for physical court visits to access documents or review case materials. It will be particularly beneficial for people in remote areas and vulnerable groups, such as people with disabilities.

The electronic court system could also reduce the workload of the courts to a degree.

“From a technical standpoint, court proceedings will become easier. We save time and human resources, allowing for more focus on judicial content,” claims Petrosyan.

Therefore, it is expected that the unified EJ management system will be fully operational by 2026. The Deputy Minister of Justice acknowledges potential deviations in the timeline for implementing the strategy’s actions. However, these won’t “slow the pace” of the overall reforms, as efforts are being made to establish a unified EJ management system by 2026.

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