This study deals with the analysis of implementation experience of elaw and e-justice in the Switzerland. The advantages and disadvantages of implementing e-law and e-justice in Switzerland are analyzed. The development of electronic services in the field of justice is one of the key components of public administration reform. Transfer justice services in an online format will increase the efficiency of professionals in the sector legislation and optimize business processes, such as: reducing time workflow, reducing time spent on processes that can be automated, ranking tasks by importance, debureaucratization, minimization of corruption risks, and other related benefits. Analysis of international experience will benefit for active implementation of elegislation in Ukraine.
The development of electronic services in the field of justice is one of the key components of public administration reform. Transfer justice services in an online format will increase the efficiency of professionals in the sector legislation and optimize business processes, such as: ─ reducing time workflow, ─ reducing time spent on processes that can be automated, ─ ranking tasks by importance, ─ reduce the financial cost of servicing the public, ─ promoting debureaucratization, ─ business development promotion, ─ increasing the level of trust in legal bodies, ─ rapid response to public problems and their solutions, ─ minimization of corruption risks.
Transformation of legislative services into electronic format is a sign of adaptation of state legislative processes to modern conditions of the industry, which will help improve the quality of service for citizens and industry professionals. 2
The concept of "e-law" was introduced by experts in the 90s. The analysis of the most important scientific researches is given in the table. The concept of e-law is analyzed by scientist in the following scientific papers: Researchers also studied the introduction of e-justice in government agencies. The analysis of the most important scientific works is given in the table:
When researching e-law and e-justice, it is worth paying attention to the digitalization of legislative activity (croudlaw). Сroudlaw is a process when expert citizens can contribute with knowledge to proposing the contents and opportunities for writing new laws or monitoring existing ones to check effectiveness.
On the other hand, croudlaw is a new method of developing collective intelligence and the experience of people outside votes, including new ways of improving legislative processes. 2.1
One of the most important areas of e-democracy is the development of electronic services for the implementation of electronic legislation – e-law.
The introduction of e-law services in the legislative process in Ukraine and Switzerland has disadvantages and advantages.
Advantages of the e-law implementation: ─ online consultations; ─ timely informing employees of legislative institutions; ─ saving working time of employees of legislative institutions; ─ saving costs for printing documents and other services; ─ electronic filling of legislative documents; ─ holding an online meeting; ─ introduction of electronic document management in institutions of the legislative sphere; ─ electronic requests and provision of electronic copies; ─ corporate e-mail.
Disadvantages of the e-law implementation: ─ lack of computer skills at the level of qualified users of employees of legislative institutions; ─ high risk of loss of legally important information, ─ development, certification and commissioning of appropriate software; ─ psychological barriers in society; ─ necessary technical base of institutions of the legislative sphere.
A framework agreement on public legislation on e-government cooperation was signed in 2007, which regulates the responsibilities of e-government in Switzerland.
Since 2008, for the implementation of e-government in Switzerland at the institutional level all organs of government follow a common strategy. In 2008 came into force on the first framework agreement on cooperation in the field of e-government.
In addition, the agreement defines the process of organizing and forming a budget for the implementation of the e-Government Strategy of Switzerland. Agreements on cooperation in the field of e-government are described in the framework agreement in accordance with public law. In 2012, the version of the agreement was changed in certain parameters.
The current e-government strategy was signed by all authorized Switzerland organizations in 2019, which replaced the “e-government strategy in Switzerland in 2016”. According to the essence of the e-government strategy for 2020-2023, the state administration must actively manage the digital transformation of society in Switzerland. Switzerland has a well-established electronic interaction with the authorities. Public administrations should expand the scope of electronic law services. The public-law framework agreement on e-government cooperation regulates the powers of egovernment in Switzerland.
The main Switzerland government organizations have adopted an updated and adjusted version of the framework agreement for 2016-2019.
The judgments section of website of Bundesverwaltungsgericht in the Switzerland is shown in Figure 1. FAC judgments database of website of Bundesverwaltungsgericht in the Switzerland is shown in Figure 2. Electronic appeal submission form of Bundesverwaltungsgericht in the Switzerland is shown in Figure 3. This service (Fig. 3) makes possible to submit appeal petitions electronically to the Federal Administrative Court. Deviating special legal provisions will remain reserved. 2.2
The Switzerland federal government and administration are acting predictably. The division of the Switzerland into administrative regions, the tradition of decentralized local self-government and partially unprofessional system of government (police administration: reference to a non-professional army) provide a significant amount of freedom in the activities of the country public administration. Administrative culture provides efficiency, but reduces legal certainty.
According to international rankings the level of corruption in the Switzerland is rare. Country is constantly rated as successful countries in preventing corruption. In Switzerland the rule of law, public officials are paid high salaries and basis is a decentralized democracy with parties that effectively control and audit public officials. The opportunity for comprehensive informal networks, a reluctance to engage in close mutual supervision and encourages non-compliance with formal rules. The significant overlap between economic and political elites, critics such as Transparency International's Switzerland office have pointed to processes in which politicians' economic interests can influence their decisions in parliament. 2.3
According survey of “Sustainable governance Indicators” (SGI) project [22] (https://www.sgi-network.org) the Switzerland government have strong steering capabilities (Fig. 4).
Switzerland receives high overall performance ratings (9th rank) [22] in the Sustainable governance Indicators project. This indicator decreased by 0.1 points compared to the level of 2014.
Preliminary assessments are standard for most policy areas. Influential groups are involved in policy planning, and their influence is strengthened by the constant option of holding a public referendum. Most tax revenues are received by highly autonomous local administrations.
The cantonal implementation of regulations is pragmatic and often adapted to the problems of strong local interests. International coordination was problematic because it was seen as a violation of sovereignty. The position on the deviation of the EU from the preferred model of bilateral agreements in Switzerland emphasized flexibility in terms of internal adaptability. Thanks to an energetic direct democratic system and a developed media and culture with open information, Switzerland ranks first (5th) [22] in the quality of democracy. This indicator did not change relative to the level of 2014.
The rights of voters are reliable, but a large population of foreign nationals is excluded. Political parties are not state-funded, and careful control over fundraising or party activities is insufficient. However, much of the party's payments come from parliamentary subsidies.
Fig. 6. Quality of Democracy (Switzerland vs
EU)
Fig. 7. Electoral Processes (Switzerland vs
EU)
Straight democratic procedures are generally used. The results of this democratic procedure contradict human rights obligations or the treaty. The results of approximately current votes reflected problems with a lack of public knowledge and access to information. In 2018 the voters excluded suggestions that was eliminate by public media and offer state law precedence over international law [22].
In Switzerland, the media is free, but becoming more focused. Laws on access to information are strong. Civil rights are protected, but there are tensions between EU rules and Switzerland authority. Corruption is occasional [22].
Fig. 8. Access to Information (Switzerland vs
EU)
Fig. 9. Civil Rights and Political Liberties (Switzerland vs EU)
The predictability of the Switzerland Federal Government and Administration is partly reduced by pragmatic administrative culture at local levels. The government and administration act as expected, based accordance with law. Legal norms are consistent and transparent, ensuring legal certainty.
The Switzerland judicial system is governed by professional rules without political interference. The judicial system is based on professional training. Leading and professionally trained judges work locally. The decisions of judges are subject to review in higher professional courts. Independent courts effectively review the actions of the executive and ensure that the government and administration act in accordance with law.
Judges of the Federal Supreme Court are elected for a term of six years at a joint sitting of both houses of parliament. Judges do not have special majority requirements.
Corruption in Switzerland is rare in international rankings. Switzerland is consistently rated as one of the most successful countries in preventing corruption. Legal and public integrity mechanisms prevent community organization holders from abusing positions. 3
Analysis of international experience will benefit for active implementation of elegislation in Ukraine. The purpose of this article is to analyze the experience of e-law and e-justice implementation in Switzerland. Ukraine has already introduced security and court services, thanks to which you can get online certificates of no criminal record, no corruption offenses, and apply to the court. So, from the beginning of start 133,7 thousand people used the service of registration of the certificate of no criminal record online. As we can see, Ukrainian e-legislation has a positive experience in implementing this service. E-law and e-justice services include digital signature, electronic trust services in legislation, electronic evidence, electronic archive and electronic document management in legislative institutions, electronic court, etc. 16. Katsh, Ethan. "Law in a digital world: Computer networks and cyberspace." Vill. L. Rev.
38 (1993): 403. 17. Rosa, João, Cláudio Teixeira, and Joaquim Sousa Pinto. "Risk factors in e-justice information systems." Government information quarterly 30.3 (2013): 241-256. 18. Contini, Francesco, Giovan Francesco Lanzara. The circulation of agency in e-justice." Interoperability and Infrastructures for European (2014). 19. Velicogna, Marco, Antoine Errera, Stéphane Derlange. e-Justice in France: the e-Barreau experience." Utrecht L. Rev. 7 (2011): 163. 20. Lupo, Giampiero, Jane Bailey. Designing and implementing e-Justice Systems: Some lessons learned from EU and Canadian Examples." Laws 3.2 (2014): 353-387. 21. Fabri M. The Italian style of e-justice in a comparative perspective. E-Justice: Using Information Communication Technologies in the Court System. IGI Global, 2009. 1-19. 22. Quality of Democracy https://www.sginetwork.org/2017/Democracy/Quality_of_Democracy 23. According 2020–2023 eGovernment Strategy Switzerland.
https://www.egovernment.ch/en/umsetzung/e-government-strategie/ 24. eGovernment in Switzerland. https://joinup.ec.europa.eu/ 25. eGovernment strategy Switzerland 2016. https://www.egovernment.ch/en/umsetzung/egovernment-strategie/ 26. Group of States against Corruption. www.coe.int/en/web/greco/evaluations/switzerland 27. Molodetska, K., Brodskiy, Y., Fedushko, S. : Model of assessment of informationpsychological influence in social networking services based on information insurance.
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