The role of the International Union of Judicial Officers in shaping the global architecture of digital enforcement proceedings: guidelines for Ukraine

Abstract

The article provides a comprehensive theoretical and legal analysis of the role of the International Union of Judicial Officers (UIHJ) in shaping the global architecture of digital enforcement proceedings. It is argued that the activities of the UIHJ extend beyond professional representation and encompass standard-setting, doctrinal, institutional, technological, educational, and rights-protective dimensions. The significance of the Global Code of Enforcement and the Global Code of Digital Enforcement is examined as instruments of international soft law that formulate universal principles of digital enforcement and model approaches to electronic procedures, digital assets, electronic auctions, cross-border cooperation, and the use of artificial intelligence. The article elucidates the UIHJ’s contribution to the development of the e-CODEX, JUDEX, JODES, e-FILIT, VR-DigiJUST, and LEILA initiatives, as well as to the preparation of guidance on enforcement against digital assets. It is demonstrated that the system-forming idea underlying these initiatives is the recognition of the judicial officer as a trusted professional actor within digital justice, capable of conferring legal certainty on technical operations, safeguarding the rights of the parties to enforcement proceedings, and bearing personal responsibility for the lawfulness of the outcome. The author proposes an original understanding of the global architecture of digital enforcement proceedings as an interconnected system of principles, professional roles, technological standards, procedural safeguards, and digital competences. It is substantiated that, for Ukraine, digital modernisation should consist not in the fragmented automation of individual enforcement measures, but in the establishment of a human-centred, secure, and interoperable model compatible with the European digital infrastructure. Recommendations are addressed to the Ukrainian legislature, the Ministry of Justice of Ukraine, and the Association of Private Enforcement Officers of Ukraine concerning digital assets, algorithmic systems, electronic service of documents, cybersecurity, professional training, and institutional cooperation with the UIHJ. Keywords: enforcement proceedings, enforcement of judgments and decisions of other jurisdictional bodies, state enforcement officer / private enforcement officer, protection of individual rights in enforcement proceedings, powers, court, judicial protection, Europeanisation, European Union, digitalisation, artificial intelligence, judgment / ruling / judicial act, enforcement title, enforcement against assets, creditor / debtor.