Court session in video conference mode using own technical means. We write a statement correctly in an economic process (+ Template of a statement about participation in a court session in the mode of a video conference according to the Code of Civil Procedure)

What is a video conference?

In accordance with subsection 5.1 of clause ⁵ of clause 5 of the Regulation on the procedure for the functioning of individual subsystems (modules) of the Unified Judicial Information and Telecommunication System - a telecommunications technology of interactive interaction between two or more remote participants in court proceedings with the possibility of exchanging audio and video information in real time.

The unified judicial information and telecommunication system ( EUITS ) is a set of information and telecommunication subsystems (modules) that ensure the automation of the processes of activity of courts, bodies and institutions in the justice system defined by the legislation and these Regulations, including document circulation, automated distribution of cases, exchange of documents between the court and participants in the legal process, recording the legal process and participation of the participants in the legal process in the court session in the video conference mode, drawing up operational and analytical reports, providing informational assistance to judges, as well as automating processes that provide financial, property, organizational, personnel, information and telecommunications and other the needs of EUITS users ( clause 5 of the Regulations ).

Access to subsystems (modules) of EUITS, except for the web portal, is carried out with the help of the Electronic cabinet after the person has passed the registration or authentication procedure. User authentication is carried out at the beginning of each work session in EUITS ( clause 18 of the Regulations ).

The video conferencing subsystem, in accordance with Clause 45 of the Regulation , provides:

1) video and audio recording of court hearings, booking (reservation) of court hearing rooms, the possibility of submission of documents (including procedural documents, written and electronic evidence, etc.) by the participants of the case during the court hearing in video conference mode;

2) the possibility for users to participate in the meetings of other bodies and institutions of the justice system in video conference mode. The specifics of the procedure for holding such meetings may be established by relevant bodies and institutions of the justice system.

In order to participate in a court session in video conference mode, a party to the case must first register in the Electronic Cabinet. The participant in the case must also check his own technical means for compliance with the technical requirements specified in the User's Manual of the videoconferencing subsystem for working with the videoconferencing system ( clause 49 of the Regulations ).

Application for participation in a court session via video conference

Article 197 of the Civil Procedure Code of Ukraine stipulates that the parties to the case have the right to participate in the court session via video conference outside the premises of the court, provided that the court has the appropriate technical capability, which the court notes in the decision to open proceedings in the case, except in cases where the appearance of this participant in the court session was recognized by the court as mandatory.

A party to the case submits an application for participation in the court session via video conference outside the court premises no later than five days before the court session . A copy of the application is sent to other participants in the case at the same time.

The participants in the case take part in the court session in videoconference mode outside the court premises using their own technical means and electronic signature in accordance with the requirements of the Provisions on the Unified Judicial Information and Telecommunication System and/or the provisions determining the order of functioning of its separate subsystems (modules).

The risks of the technical impossibility of participating in the video conference outside the court premises, interruption of communication, etc. are borne by the participant in the case who submitted the relevant application.

The technical means and technologies used by the court and the participants in the legal process must ensure proper image and sound quality, as well as information security. Participants in the court process must be provided with the opportunity to hear and see the course of the court session, ask questions and receive answers, exercise other procedural rights and obligations.

The video conference, in which the participants of the case participate, is recorded by the court considering the case, using technical means of video and sound recording. The video and audio recording of the video conference shall be attached to the case file in the manner determined by the Regulation on the Unified Judicial Information and Telecommunication System and/or the regulations determining the procedure for the functioning of its separate subsystems (modules).

Create an Application for participation in a court session in video conference mode under the Code of Civil Procedure using the Instaco designer   easy and convenient. To create, you need to enter data in the designer.

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