Judicial law-making in the context of the digital transformation of administrative justice

The article presents a comprehensive study of the role of judicial law-making in the process of digital transformation of administrative justice, with a particular focus on the development of new legal standards for the use of electronic evidence and remote court proceedings. The relevance of this research stems from the rapid advancement of information technologies and the digitalization of social relations, which highlight the importance of judicial law-making as a key mechanism for adapting traditional legal principles to the challenges of the digital environment in administrative proceedings. This issue has become particularly urgent in the context of martial law in Ukraine, where judicial law-making has proven essential for ensuring the continuity of justice through the elaboration of new procedural solutions and the adjustment of procedural norms to extreme conditions. The article explores the contribution of judicial law-making to the development of new methodological approaches for analyzing digital evidence, including the establishment of specific assessment criteria for electronic documentation, digital signatures, and information retrieved from official registries. It also examines how courts shape procedures for examining electronic evidence and determine the grounds for involving technical experts, thereby setting new standards for the technical infrastructure of judicial institutions and requirements for specialized software. The study further highlights the significance of judicial law-making in reinterpreting the fundamental principles of justice – such as adversarial proceedings, immediacy, and orality – in the context of remote adjudication. Particular attention is given to the role of Article 195 of the Code of Administrative Procedure of Ukraine as a catalyst for judicial law-making and to the key directions of case-based legal development in adapting classical principles to the realities of digital procedure. Finally, the article analyses how judicial practice contributes to the establishment of compensatory mechanisms that ensure equal access to justice for participants with varying levels of technological resources.