The recent years in Armenia have witnessed a strategic pursuit towards the implementation of a consolidated digital justice system, marking a significant milestone in judicial and legal reforms.
As a consequential milestone, effective January 1, 2024, Armenia has introduced an electronic justice system, developed in the framework of a program funded by the European Union. This program’s overarching objective has been to establish a cohesive e-justice platform, facilitating the digitization of document management and fostering accessibility to e-justice services. The system aims to optimize the work of the courts of the Republic of Armenia, which to some extent will be able to solve the problem of court congestion in RA.
This platform enables a fully electronic workflow for document handling. The electronic system, as established by the legislation “On Amendments and Additions to the Civil Procedure Code of the Republic of Armenia” dated December 22, 2023, has already been successfully initiated.
Thus, in this article, we will dive into the legislative nuances associated with the newly implemented electronic justice system, hereinafter referred to as “the system.”
Who Will Use the New Digital Justice System?
Starting from February 1, 2024, the system will used by the following entities for the compilation and submission of all procedural documents (e.g., claims, statements, complaints, responses, positions, petitions, etc.) pertaining to new court cases:
- Legal entities, individual entrepreneurs, state and local government bodies, individuals responsible for procurement-related disputes, legal representatives, bankruptcy administrators, notaries, and licensed mediators, irrespective of their prior engagement with the system.
- Individuals who have performed any actions through the system at least once in the framework of a civil case and subsequently failed to notify the court considering the case of the impossibility of using the system.
That said, representatives, including lawyers acting on behalf of clients, can still proceed with filing lawsuits using the traditional paper format. However, it’s essential to note that to submit a document via the electronic justice system, a valid electronic signature is required.
Therefore, the legislator has outlined a phased implementation approach for the transition to this electronic system, ensuring a smooth adaptation to these changes.
Lawsuits Filed Before the Introduction of The Digital Justice System
Regarding lawsuits filed in the paper format prior to the implementation of the electronic justice system, it’s crucial to highlight that this pertains specifically to newly received statements of claim, statements, and other procedural documents.
In cases where legal proceedings are already underway, and a petition or similar document needs to be filed within this context, it must still be submitted in paper form. As of now, there is no provision for electronic filing in such instances.
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Courts that Will be Affected by The System
The electronic justice system is designed to facilitate electronic initiation, adjudication, resolution, and appeal processes for civil cases within the courts of general jurisdiction at the first instance, as well as in courts of appeal and cassation, all in electronic format.
However, it’s important to note that the review procedure for cases undergoing civil proceedings is currently maintained in its traditional format.
The transmission of an electronic case, or specific components thereof, across various courts, including courts of differing instances, will be facilitated through the implementation of the digital justice system in Armenia. The process is automated and managed by court personnel who initiate or utilize the relevant system tools for seamless transfer and processing.
How to Log in and Identify Persons in the System
To access the Personal Account within the system, individuals can use nID authentication or log in using their username and password. Both authentication methods ensure complete identification of the user and grant access to the Personal Account. When performing certain actions on each individual case from the personal account, users have the option to execute these actions either on their behalf or as a representative acting on behalf of another person. This dual functionality allows for efficient management and representation within the electronic justice system.
During the registration process within the system, each user is presented with the following information:
- A comprehensive list of all cases in which the user holds any status.
- The specific status is assigned to the user in each individual case.
- The name of the court responsible for adjudicating the respective civil case.
- Information regarding the presiding judge overseeing the civil case.
- Details regarding the availability of the final judicial decision on the civil case, including whether it has entered into force.
Tips and Tricks for Filing Procedural Documents
All procedural documents (claim, statement, complaint, response, position, petition, etc.) are compiled and submitted through the digital justice system in accordance with the tools provided and requirements provided by it. The documents attached to the procedural document are submitted by sending scanned versions of them through the system. If the document attached to the procedural document is electronic, it is submitted without scanning.
A procedural document submitted through the system, along with its attached documents, is deemed to have been officially submitted to the court upon being sent through the system. Furthermore, both the procedural document and its attachments are considered received by the court at the moment they are received through the system.
When procedural documents are submitted through the system, the person is relieved of the obligation to submit the relevant document in several copies. Similarly, when filing a complaint against a judicial act through the system, the individual filing the complaint is relieved from the obligation to physically send a copy of the complaint to the court that issued the judicial act.
Signing the Procedural Documents
A procedural document is considered signed by the applicant if it bears the electronic digital signature of the applicant, as per the provisions outlined in the Law on Electronic Document and Electronic Digital Signature. Additionally, the document must be submitted by the applicant through the electronic system to be considered officially signed.
The system is designed to facilitate workflow management in accordance with legal concepts, operational schemes, and logic, performing the following functions:
- Specialized Deadline Calculation and Notification System: This includes tools for calculating procedural deadlines and notifying relevant parties about them. It also involves the automated generation and transmission of procedural documents compiled by the court to the designated recipients.
- Automatic Document Creation: The system automatically generates documents based on data input by authorized individuals.
- Document Management and Access: This encompasses uploading, downloading, creating, transferring, and distributing documents. It also provides access to authorized personnel and includes the availability and utilization of appropriate document templates within the system.
- Electronic Digital Signature: The system allows for the electronic signing of created or uploaded documents using electronic digital signatures.
- Court Record Creation and Archiving: Records are created and archived in compliance with relevant laws and regulations.
- Electronic Document Management and Communication: The system facilitates electronic document management, information exchange, and communication among courts and other authorities. This includes automatic processing of requests and receipt of responses using internal operations automation systems like Mulberry and interdepartmental document management systems.
- Procedural Document Submission and Judicial Act Issuance: The system enables the submission of procedural documents as mandated by law and the issuance of judicial acts.
- Case Registration and Distribution: It automates the registration of cases and distributes them automatically among judges.
- Remote Court Sessions: The system supports the conduct of court sessions using video and audio telecommunication means.
- Notification System: The digital justice system sends both automatic and non-automatic notifications to relevant parties and ensures proper execution of electronic notifications.
Aside from the electronic justice system, another notable innovation is the e-probation platform, which fully digitizes the operations of the probation service. This platform facilitates the generation of essential data related to probation beneficiaries through automated processes. Furthermore, the introduction of the e-health system “e-health” by the Center for Penal Correction Medicine has been implemented.
Our team of experienced lawyers has acquired proficiency in filing procedural documents within the system and is prepared to assist you in navigating this aspect effectively.
