Volume 12 - Issue 64
/ April 2023
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DOI: https://doi.org/10.34069/AI/2023.64.04.34
How to Cite:
Hruzd, O., Svitlak, I., Korniienko, P., Khozlu, I., & Mykhailovska, Y. (2023). Legal problems and prospects for the development of
document science in Ukraine: Problems and solutions. Amazonia Investiga, 12(64), 323-330.
https://doi.org/10.34069/AI/2023.64.04.34
Legal problems and prospects for the development of document
science in Ukraine: Problems and solutions
Problemas jurídicos y perspectivas de desarrollo de la ciencia de los documentos en
Ucrania: Problemas y soluciones
Received: April 5, 2023 Accepted: May 30, 2023
Written by:
Oleksandr Hruzd1
https://orcid.org/0000-0003-0370-3791
ResearcherID Web of Science: GQP-4561-2022
Iryna Svitlak2
https://orcid.org/0000-0002-4408-6868
Petro Korniienko3
https://orcid.org/0000-0002-1473-6698
https://www.webofscience.com/wos/author/record/HDN-3826-2022
Ivan Khozlu4
https://orcid.org/0000-0002-2705-3968
https://www.webofscience.com/wos/author/record/ISU-9333-2023
Yevheniia Mykhailovska5
https://orcid.org/0000-0001-6814-8843
https://www.webofscience.com/wos/author/record/AEN-6775-2022
Abstract
The relevance of the research lies in the fact that
the study of legal document circulation, as a rule,
concerns only certain types of documents. The
purpose of the work is a comprehensive study of
the phenomenon of “legal document circulation”.
Achieving the specified goal involves solving the
following tasks: establishing those defects that
may be contained in the legal document and
determining the reasons and conditions for their
appearance. To solve the set goals and tasks, the
dialectical method, the analysis,the
generalization and the abstraction was used. The
result of the study was the argumentation of the
position that the prevention of negative social
phenomena in the legal document circulation
should be based on measures of expertise,
1
PhD in Law, Senior Lecturer, Department of Organization of Pretrial Investigation, Faculty No. 1 of the Kryvyi Rih Educational and
Scientific Institute of the Donetsk State University of Internal Affairs, Ukraine.
2
Doctor in Juridical Sciences, Associate Professor, Head of the Department of Law and Humanities, Vinnytsia Education and
Research Institute of Economics, West Ukrainian National University, Ukraine.
3
Dr. hab in Law, Professor of the Department of Philosophy, Law and Social-Humanitarian Disciplines Department of Philosophy,
Law and Social-Humanitarian Disciplines the Faculty of Finance and Economics, National Academy of Statistics, Accounting and
Audit, Ukraine.
4
Lecturer of the Department of Administrative and Legal Disciplines of the Faculty №2, Donetsk State University of Internal Affairs,
Ukraine.
5
PhD in Law, Assistant, Deputy Head of The Department of Administrative, Economic Law and Financial and Economic Security of
The Educational and Scientific Institute of Law, Sumy State University, Sumy, Ukraine.
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notarization, approval and registration of legal
documents. The conclusion of the study is the
substantiation of the statement that the role of the
legal document in the mechanism of legal
regulation has increased. The value of legal
document circulation is determined by the
functions performed by a legal document in the
process of legal regulation. The practical
significance of the study lies in the development
of practical recommendations aimed at
improving the process of working with legal
documents in the future.
Keywords: legal document; digitalization of
society, electronic document management,
information and communication technologies,
legal defects.
Introduction
The process of reforming state and public
institutions in Ukraine, which we observe in
recent decades, is aimed at the formation of the
rule of law and civil society. Legal regulation of
public relations is carried out with the help of a
certain system of tools and means. One of the
most important among them is legal documents,
which are the legal form of transferring legally
significant information. Due to our state gaining
independence, emergence of private form of
ownership, separation of many organizations
from the state mechanism and emergence of new
independent participants of legal relations - local
self-government bodies, physical persons-
entrepreneurs, legal documents circulation has
significantly increased. Legal documents
permeate the entire process of legal regulation.
First of all, this is due to the fact that the very
rules of conduct of all participants of legal
relations are enshrined in legal documents.
The necessity of research of legal problems and
trends of development of legal documentation in
Ukraine is that it is legal documents that reflect
all elements of content (rights and duties,
responsibility, actions of participants of legal
relations; results of these actions; techniques,
means and methods of their achievement); errors
and violations) and procedural forms (stages of
work with legal documents proper, legal
processes, decision-making procedures, legal
regimes) of legal practice. The process of
digitalization of social life and wide introduction
of information and communication technologies
into legal document circulation requires
theoretical comprehension and development of
practical recommendations on increasing the
efficiency of its functioning for the future.
Lately the issue of quality of legal documents has
been raised more and more often. Competent
their creation forms a positive impression about
the participant of legal relations, in addition, the
level of legal culture of both the lawmaker and
the entire population increases. In turn, a mistake
contained in a legal document can cause
extremely negative consequences. For example,
the presence of a defect in a will can delay the
inheritance of property for a long time, and an
indictment drawn up with errors can violate the
rights and freedoms of a person illegally
convicted. Accordingly, it is important to study
the legal document at the macro level, as an
independent category, to identify the legal
problems of the legal document, as well as to
eliminate them for the future for the effective
procedure of lawmaking and law enforcement. In
addition, the study cannot neglect the study of the
rules of legal technique, because it is their
compliance that contributes to the creation of
grammatically and legally correct document.
Thus, the study of legal document science in
Ukraine is quite relevant. It is important for the
development of other general theoretical
provisions (the doctrine of the ratio of legal
documents, the doctrine of legal practice, the
doctrine of the sources of law, the doctrine of the
legal process). In addition, the study of the
specifics of preparation, the requirements
imposed on legal documents, the defects that
may be allowed by those who develop them, can
equip practitioners with the knowledge necessary
to develop a quality legal document.
The purpose of the study is to examine the legal
defects of the legal document flow in Ukraine,
Hruzd, O., Svitlak, I., Korniienko, P., Khozlu, I., Mykhailovska, Y. / Volume 12 - Issue 64: 323-330 / April, 2023
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the trends of further development and ways to
improve.
Theoretical Framework or Literature Review
The works of domestic and foreign scientists are
devoted to various aspects of document flow in
Ukraine. Yes, Asanova (2021), who studied the
problem of legal validity of electronic
documents, notes that “to search for patterns in
large data sets one can make more effective
decisions and implement effective actions based
on appropriate technologies to filter information
from databases” (Asanova, 2021). The use of the
above technology seems appropriate when
processing a large volume of legal documents,
for example, when analyzing similar cases in a
judge's practice or when comparing different
legal and regulatory documents according to
temporal criteria, strength or other grounds for
sampling by attorneys.
Politanskyi (2021) also investigated the
problems of implementation of electronic
document management in Ukraine as well as the
difficulties encountered in the implementation of
this process. As the scientist notes in his work,
“the current state of the system of automated
record keeping and document management in
state authorities in Ukraine creates good
technological prerequisites for further spread of
electronic document management and bring it to
the level of standards of the European Union
countries”. Modern legal document flow also
works in conditions of digital accessibility of
legal information. Thus, any controversial
situation involving the search and use of legal
information can be resolved using the Internet.
Despite the advantages of the introduction of
electronic document management in all spheres
of society, including legal activities, as Poddubna
& Pavlichenko (2020) notes “the main problem
is system security, because it is documents of an
individual or legal entity that are of particular
interest to hackers and neglecting the protection
will definitely contribute to the emergence of
new threats to privacy”.
The provisions of almost every legal document
are implemented in the legal process with the
participation of the subjects of law in relation to
which there is information of legal significance.
At the same time, there are different forms of
implementation - implementation, use,
compliance and application, so it is also
important to analyze the negative consequences
of non-compliance with the prescriptions
contained in the legal documents.
As Mason (2018) notes in his scientific work,
“there remains concern among solicitors about
the evidential weight of electronic documents,
including document systems that are used to
execute high value transactions”. At the present
stage, the problem of legal regulation of the use
of electronic documents in criminal proceedings
is relevant. Recently, in the practice of criminal
proceedings, the issue of informatization has
received considerable attention, since the
investigation of criminal cases in certain cases is
impossible without proper information and
analytical support. Thus, law enforcement
agencies, both in Ukraine and in other states,
regularly turn to numerous information systems
to obtain the necessary information, most often
they turn to collect materials characterizing the
defendant.
A similar point of view is expressed in his
scientific work R. Stoykova, who notes that
“reverse engineering of file systems is
indispensable for tool testing, accurate evidence
acquisition, and correct interpretation of data
structures by law enforcement in criminal
investigations” (Stoykova et al., 2022). No less
important is the problem of the influence of the
achievements of modern technology on the
quality of the legal document, including
electronic.
The use of artificial intelligence tools in the
implementation of legal activities and the
achievements of scientific and technological
progress in its document flow was also
investigated by C. Sansone, who notes that «in
the last years, the legal domain has been
revolutionized by the use of Information and
Communication Technologies, producing large
amount of digital information» (Sansone &
Sperlí, 2022).
Methodology
During the research to achieve its goal and solve
its problems, we used philosophical methods:
dialectical, analytical and dogmatic; general
scientific methods, in particular: induction,
analogy, deduction, synthesis, system analysis of
socio-economic and political processes. Also, for
a deeper and more detailed study of obtaining
more objective results the tools of special legal
methods were used: comparative legal, formal-
legal, legal hermeneutics.
Philosophical and general scientific methods
were used to study the phenomenon of the legal
document, to study the conditions affecting its
quality, to clarify the causes of legal defects in
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legal documents, as well as to study the features
of electronic documents functioning in the legal
document flow.
The comparative legal method was used in the
study of peculiarities of the use of electronic
documents in criminal and civil proceedings,
using the formal-logical method further trends in
the use of electronic format of legal documents
were identified taking into account the future
development of scientific and technological
progress, information and communication
technologies and artificial intelligence tools.
Using the method of legal hermeneutics helped
to create a foundation to form a research field for
the development of universal approaches to the
provision of legal documents in the era of digital
community functioning.
Results and Discussion
The main reason for the revolutionary
introduction of electronic forms of legal
documentation was primarily due to the fact that
“legal practitioners' needs, then, in browsing
these repositories has required to investigate
more efficient retrieval methods, which assume
more relevance because digital information is
mostly unstructured” (Sansone & Sperlí, 2022).
“Natural language processing, automatic speech
recognition, machine learning, and other AI
technologies have been applied widely for legal
tech applications” (Wang, 2020). In today's
information society, with the growth of general
and information threats, computer crime, the
ubiquitous spread of artificial intelligence, the
use of information technology in all areas of law
enforcement, economic, regulatory activity is
necessary, inevitable and the most promising
area of activity to ensure the security of
individuals, society and the state. In order to
achieve this goal it is necessary to create a unified
information environment ensuring effective and
immediate interaction of all state services
responsible for public safety and law and order,
and to improve the efficiency of detection and
investigation of crimes it is necessary to create
integrated databanks of forensically relevant
information, to reach a higher level of
informatization of law enforcement bodies As
Asanova (2021) rightly notes, “the need to
introduce electronic d Consequently, the degree
of technical equipment of all preliminary
investigation bodies with telecommunication
infrastructure and information resources must
meet modern challenges and technical
requirements”.
A similar point of view is supported by
Politanskyi (2021) who notes that “in addition, it
became clear that electronic document
management systems should be implemented
everywhere, at all workplaces associated with the
creation, editing and storage of information,
otherwise the effectiveness of their use will be
minimal”. As Poddubna & Pavlichenko (2020)
notes, “information security in electronic
document management systems is a complex
problem, the solution of which requires a
combination of measures at the legislative,
administrative, procedural and software and
hardware levels”. In addition, “... this new
context creates uncertainties about the legality of
tools and methods used for evidence acquisition
and the compliance of law enforcement with
obligations to protect intellectual property and
confidential information” (Stoykova et al.,
2022). Electronic document as a source of
evidence in criminal proceedings can be defined
as a form of electronic and digital display of
information recorded on a tangible medium,
containing information about the facts relevant to
the proof of the case, which has established
requisites, obtained in compliance with the
requirements of criminal procedural legislation
and is intended for storage and subsequent use.
As Zhuchenko (2019) notes, “the development of
automatic methods of evaluation of evidence,
along with the control of compliance with the
requirements of procedural legislation in the pre-
trial investigation, became another link on the
way to the formation of a holistic concept of
electronic criminal proceedings”. In most cases,
electronic documents are allowed in criminal
proceedings as other documents, because they
are created outside the criminal process, during
normal activities of individuals and legal entities.
The most common way to certify electronic
documents is electronic digital signature, the
procedure of application of which is regulated by
the Law of Ukraine “About electronic trust
services”. Electronic document flow is important
not only for criminal, but also for civil procedure.
As Tatulych (2020) notes, “...the introduction at
the national level of a new means of proof -
electronic evidence is designed to promote
effective and timely implementation of civil
proceedings”. At the present stage, the civil
procedure law of Ukraine is one of the most
dynamic branches of law, respectively, the
sphere of influence of information and
communication technologies has also spread to
it. New means of proof appeared in the civil
procedure: electronic documents, which the
legislation of Ukraine refers to the written
evidence. Accordingly, there is a problem in the
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way and form of their presentation to the court as
evidence in the case, despite the fact that
«lawyers regularly predict court outcomes to
make strategic decisions, including when, if at
all, to sue or settle, what to argue, and how to
reduce their clients' liability risk» (McConnell et
al., 2021).
In addition, the civil procedural legislation of
Ukraine determines the requirements to the
above documents: to use a method to establish
their reliability during their creation, and one of
the ways to establish the reliability of an
electronic document is an electronic signature. In
this connection, one can highlight such problems
as imperfection of the procedure for
identification of a citizen willing to obtain an
electronic key; insufficient provision of reliable
storage of electronic keys. Such problems can
arise as a result of electronic signature fraud.
Also, in the case of a damaged electronic
document there can be a situation when the
accuracy of the electronic computing device is
compromised. As a result, the information
contained in said document may be altered. The
problem is that the change of information in the
electronic document can be a consequence of
further distortion of the established information
about the facts subject to judicial proof.
Information, not protected against distortion,
contained in these documents should make these
documents invalid even if they have all the
formal requisites. Consequently, such documents
would be excluded from sources of evidence in
civil proceedings as inadmissible. Furthermore,
“legal documents often contain references to
either other documents, or other parts (of the
same document)”. This also significantly
complicates the use of electronic documents in
the evidentiary process.
As Mason (2018) notes, important in the digital
world is “... the meaning, in electronic terms, of
document, book or paper, instrument, writing,
record and map - both in terms of legislation and
case law”. Undoubtedly, positive for the system
of jurisdictional protection of Ukraine was the
introduction of automated document flow of the
court, because for our state the courts remain the
most effective tools for ensuring the legitimate
interests of the subjects of law. Citizens most
often apply for protection of their violated or
disputed rights exactly to the courts, which
perform the function of the public arbitrator in all
spheres of their life and economic entities
involved in civil-law relations. High social
importance of judicial protection is explained by
the fact that it ensures the inviolability of the state
social system, protection of law and order, as
well as guarantees the preservation of a single
economic space and freedom of entrepreneurial
activity of citizens.
«Legal case precedents have a considerable
impact on the development of litigation
strategies» (Trappey et al., 2020). The above
shows that improving and supporting the judicial
system at the proper level, the introduction of
modern information technology, allowing the
active use of electronic system of judicial
proceedings, is an important task of the state.
Moreover, as N.O. Melnychenko rightly notes,
“the role of technology here is not to support and
improve our old ways of doing things, but to
review and often replace our practices in the
electronic filing and adjudication of claims”
(Melnychenko, 2021).
The concept of “electronic court proceedings” in
a broad sense includes a set of information and
telecommunication systems or services that
allow to place judicial acts, to conduct electronic
document flow by receiving electronic
applications from citizens and organizations, to
provide access to the familiarization with the
materials of electronic cases. Thus, electronic
information exchange enhances the opportunities
for interaction between the judiciary and
participants of the judicial process. In the narrow
sense e-judicial proceedings is reduced to the
possibility for justice agencies and other subjects
of procedural relations to participate directly in
the submission of documents in electronic form,
in the conduct of judicial proceedings through
videoconferencing system.
«The growing complexity of legal cases has lead
to an increasing interest in legal information
retrieval systems that can effectively satisfy user-
specific information needs» (Aumiller et al.,
2021). In order to work successfully and find
legal documents quickly, it is important to use
their classification. Especially convenient are
local classifications, which allow to quickly find
the necessary document in the organization by
certain criteria. Despite this fact, at the present
stage in Ukraine there is no unified system of
legal documentation, the development of which
would help to facilitate the work of specialists in
law.
It should be agreed that «… the choice of the
most effective (optimal) option (from the
possible alternatives) for the Ukrainian lawyer to
search for legal information on the content of
foreign law rules (while representing the client’s
interests in court) in a particular court case in the
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civil proceedings of Ukraine, is dependent, in the
first place, on: 1) a specific civil case; 2) the
lawyer’s capabilities (potential) and
professionalism; 3) the authority of the court
(directly from the judge) (Antoniuk et al., 2019).
In addition, it is important to consider that at the
present stage there is a digitalization of public
life, which, among other things, generates a
qualitative modification of the legal profession,
associated with changes in the content and forms
of organization of professional legal activity.
«Automatic summarization of legal case
documents is an important and practical
challenge» (Bhattacharya et al., 2021). Analysis
of different legal documents - normative legal
acts; court decisions, rulings, determinations;
contracts and other documents shows that they
often have various kinds of defects that can
negatively affect the content of the legal
document. The main factor that causes the
creation of a legal document with errors is legal
illiteracy.
It is important to improve not only the digital
professional competence of specialists in law, but
also the general level of legal culture and
consciousness of the population of Ukraine. For
example, «despite their ever-increasing presence
in everyday life, contracts remain notoriously
inaccessible to laypeople» (Martinez et al.,
2021). However, we should agree with the point
of view of Rezvorovych (2022), who notes that
“at the present stage of development in Ukraine
there is a dynamic transformation of Ukrainian
society - national cultural and political
identification, awareness of its value and value of
the state as an institution that ensures the
functioning not only of government bodies, but
also all citizens, the formation of a conscious
civil society, modified a number of democratic
processes, etc.”.
As Ponamarenko (2022) notes, “The war in
Ukraine in 2022 resulted in serious losses for the
country, businesses, and citizens”. Under such
conditions, further introduction of information
and communication technologies in Ukraine in
the future will be problematic due to the lack of
funds to provide the mentioned sphere, but
necessary. For effective law-making and law-
enforcement activities it is important to eliminate
legal defects in legal documents, by which we
mean a defect committed by a participant of legal
relations, which directly develops this document
or has the opportunity to influence its
development, which entails or may entail
undesirable legal or other consequences. Legal
defects in legal documents also have a negative
impact on the interpretation of the law, so, «when
literal interpretation of statutes leads to
counterintuitive consequences, judges,
especially in high courts, may identify
counterintuitive consequences and revise
interpretation of statutes» (Fungwacharakorn et
al., 2021).
Among the reasons for defects in legal
documents are: lack of legal education, ignorance
of the rules of drafting a legal document,
irresponsibility, inattention, lack of time,
inexperience. The main ways to eliminate defects
in legal documents are: prevention, prevention
and termination. Prevention is a set of measures
to identify and eliminate (neutralize, block) the
causes and conditions of false legal activity,
offenses and legal arbitrariness. Prevention is a
set of measures to identify and eliminate defects
that already exist in the legal document before its
implementation. Termination can be considered
as an activity aimed at eliminating the negative
impact of a legal document on social relations.
As a result of the study we can conclude that:
1. the source of information on the facts
established during an operational and
investigative measure or investigative action
shall be the persons who conducted it and
participated in it; video recording of the
investigative action of an operational and
investigative measure is the best means of
electronic documentation. Personal
evidence should be formed exclusively in
court proceedings, in the course of judicial
interrogation of the person aware of the
facts, video or audio recording of testimony,
as derivative evidence, may be reproduced
in court only in cases specifically provided
for by law;
2. in the process of proving in civil proceedings
electronic documents are quite often used as
evidence. Due to the lack of clear criteria of
authenticity of electronic document in the
domestic legislation, there may be cases of
non-recognition of its legal force. For
effective use of electronic documents in
evidentiary proceedings it is necessary to
provide legal guarantees for authenticity of
information received from electronic
documents; define responsibility for
falsification of such information; set criteria
for admissibility of electronic documents as
evidence in civil proceedings;
3. further digitalization of document
circulation and introduction of modern
information technologies into the sphere of
judicial protection of rights and legal
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interests of citizens will provide qualitative
improvement in the judicial system of
Ukraine. The use of information technology
in the work of the courts will not only reduce
the procedural time of consideration of cases
and disputes, but also significantly reduce
the number of violations in this area. The use
of information and communication
technologies, the achievements of scientific
and technological progress in the field of
legal document flow will allow to achieve
more convenient and rapid access of citizens
to the mechanism of judicial protection of
rights and improve the quality of the
apparatus of the courts of general and
arbitration jurisdiction.
Conclusions
As a result of the study we can conclude that:
1. In the framework of linguistic research and
in legal practice, special attention should be
paid to the brevity, accuracy, clarity,
simplicity and accessibility of legal
documents. The accuracy of the legal
provisions means that their content should
be specific, unambiguous and sufficient, and
the clarity, simplicity and accessibility of the
language should ensure the general
comprehensibility of legal orders;
2. Most domestic laws and other legal acts and
legal documents are drafted in such a way
that their perception and interpretation can
be significantly complicated for citizens
who do not have special legal knowledge;
3. many legal documents at the present stage
are marked by complicated syntactic
constructions and are lexically overloaded,
which does not contribute to the
improvement of legal culture, but may cause
citizens to have a potentially irrational fear
of the “letter” of the law.
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