1 s2.0 S1877050921018032 Main

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Electronic bailiff files as a tool for computerization the
Systems
administration of justice in the Polish legal system.
Electronic bailiff files as a tool for computerization the
administration of justiceJoanna
in theMaria
Polish legal system.
Studzińska*
Kozminski University, Jagiellonska Street 57/49, 03-301 Warsaw, Poland
Joanna Maria Studzińska*
Kozminski University, Jagiellonska Street 57/49, 03-301 Warsaw, Poland
© 2021 The Authors. Published by ELSEVIER B.V.
© 2021
This The
is an Authors.
open accessPublished by Elsevier
article under B.V.
the CC BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0)
This is an open access article under the CC BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0)
Peer-review under responsibility of the scientific committee of KES International
Peer-review
© under responsibility
2021 The Authors. Published byofELSEVIER
the scientific
B.V.committee of KES International.
This is an bailiff
Keywords: open access article under the
files, computerization, CC BY-NC-ND
electronic license (https://creativecommons.org/licenses/by-nc-nd/4.0)
form, ICT system
Keywords: bailiff files, computerization, electronic form, ICT system

1. Introduction
Electronic bailiff files from January 1 2021, should be kept only in this form. They are one of the stages of
1. Introduction of the broadly understood judiciary. This is due to the fact that an essential element of the
computerization
effectiveness of the bailiff's work is the speed of activities. The effectiveness of enforcement depends on the speed
Electronic
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computerization of the broadly understood judiciary. This is due to the fact that an essential element of of
effectiveness
computerization of the bailiff's
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the speed
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gradual developmentof enforcement
of regulationsdepends on area,
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its practical the use of
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The more so as the goal is not to introduce a substitute electronic form in the form of scanning but to create stages
form. In the light of the changes to the law and amendments, electronic files are one of the final a specialof
computerization of the work of a court bailiff. Due to the gradual development of regulations
system to handle enforcement proceedings. As indicated, many doubts and difficulties may be caused by the fact in this area, it is
important to discuss specific issues that enable proper understanding of the institution and
that so far, no further detailed regulations have been adopted, and there are no systems enabling access to and its practical application.
The morefiles
keeping so asin the
thisgoal
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notis to introducebecause
important a substitute electronic
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system to handle enforcement
of keeping files in paper form. proceedings. As indicated, many doubts and difficulties may be caused by the fact
that so far, no further detailed regulations have been adopted, and there are no systems enabling access to and
keeping files in this form. It is important because the planned amendments to the act on bailiffs allow the possibility
of keeping files in paper form.
* Corresponding author. Tel.: +48 22 519 21 10; fax: +48 22 519 21 10.
E-mail address: jstudzinska@kozminski.edu.pl
* Corresponding
1877-0509 © 2021 author. Tel.: +48
The Authors. 22 519 by
Published 21 ELSEVIER
10; fax: +48B.V.
22 519 21 10.
ThisE-mail address:
is an open jstudzinska@kozminski.edu.pl
access article under the CC BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0)
1877-0509 © 2021 The Authors. Published by ELSEVIER B.V.
1877-0509 © 2021 The Authors. Published by Elsevier B.V.

Peer-review under responsibility of the scientific committee of KES International.
10.1016/j.procs.2021.09.066
2944 Joanna Maria Studzińska et al. / Procedia Computer Science 192 (2021) 2943–2951
2 Author name / Procedia Computer Science 00 (2021) 000–000
2. Computerization of enforcement proceedings in Poland - general issues
The process of electronization and the use of more and more electronic forms of conducting proceedings have been
underway in the Polish civil procedure for a long time[1]. This is related to the use of the ICT system As stipulated
in Art. 2 point 3 of the Act on the provision of electronic services, an ICT system is a set of cooperating IT devices
and software, ensuring storage and processing, as well as receiving and sending data via telecommunications
networks using a terminal device appropriate for a given type of network within the meaning of the provisions of the
Act on July 16, 2004 - Telecommunications Law [2]. Due to the amendment to Art. 760 of the Code of Civil
Procedure [3], applications and declarations in enforcement proceedings are submitted, at the applicant's option, in
writing or orally for the record, unless a specific provision provides otherwise. If a particular provision so provides
or a choice has been made to bring letters via the electronic system, applications and statements shall be submitted
only through the electronic system[4]. Electronic letters and other documents submitted traditionally, which are then
processed into an electronic form, together form an electronic case file. The condition is to set up an account in the
manner specified in the Regulation of the Minister of Justice of April 26, 2016, on the procedure for opening and
providing access to an account in the ICT system supporting court proceedings[5] issued based on Art. 126 § 6 of
the Code of Civil Procedure. As stipulated in § 2 of that regulation, an account is opened in the ICT system that
supports court proceedings, hereinafter referred to as the "ICT system", upon a request submitted via this system.
This is a condition for performing activities in an electronic form and the possibility of taking this form into account
also in enforcement proceedings. The prototype of the regulations in this area was electronic writ proceedings and in
order to be able to ensure the execution of writs of execution in a situation where the activities in electronic writ
proceedings are recorded only in the IT system.
On the other hand, enforcement orders in the form of payment orders issued in electronic writ proceedings, which
have been given an enforcement clause left only in the ICT system, are not only the basis for enforcement but can
also be the basis for entries in the land and mortgage registers and may be examined under the provisions of the Act
of August 20, 1997, on the National Court Register[6]. In the justification of the Act introducing electronic writ
proceedings, it is stated that the account and electronic files are essentially the same elements. Everything that will
be in the electronic files and should be delivered to the party will be immediately in the mailbox. Introducing the
box results from the need to refer to the procedure terminology and consider the user's convenience. It is easier to
access all relevant information from all the cases after one login into the box than to view all separate electronic files
of the cases in which the user is involved. Therefore, the inbox allows for effective navigation through the
information[7].
Joanna Maria Studzińska et al. / Procedia Computer Science 192 (2021) 2943–2951 2945
Author name / Procedia Computer Science 00 (2021) 000–000 3
However, in the light of Art. 797 § 2 of the Code of Civil Procedure, only a request to initiate enforcement based on
the writ referred to in Art. 783 § 4 of the Code of Civil Procedure (i.e., when the decision on granting an
enforcement clause to the enforcement orders referred to in Art.777 § 1 point 1 and 1.1 of the Code of Civil
Procedure, issued in electronic form, is left only in the ICT system), it may be submitted to the bailiff also via the
ICT system. In other cases, it is necessary to attach the writ of execution in paper form. Since an important element
of the effectiveness of the bailiff's work is the speed of the activities performed, the effectiveness of the enforcement
depends on the speed of the office and the handling of creditors' requests. The process of executing court judgments
can also take place in electronic form. In the light of the changes to the law and amendments, electronic files are one
of the final stages of computerization of the work of a court bailiff. Due to the gradual development of regulations in
this area, it is important to discuss specific issues that enable proper understanding of the institution and its practical
application. Such a discussion may be triggered by the presentation of the development of electronic bailiff files and
the regulations in force so far, the analysis of the solutions adopted by the Act on court bailiffs of March 22 2018[8]
as well as indication of whether the regulations in the field of electronic bailiff files provide for an absolute
obligation or an option of keeping these files in electronic form.
3. Problems and challenges for the current paper form of bailiff files
The obligation to keep files of cases in which the proceedings have been completed and the closed record
keeping devices by the National Council of Bailiffs was the subject of an assessment by the Constitutional Tribunal
in terms of compliance with the Polish Constitution[9] and the judgment, the Tribunal stated that entrusting by
statute the task of storing files of completed cases, the implementation of which constitutes an element of "custody",
meets the constitutional requirements of the principle of proportionality [10].
The previous paper form caused difficulties of two kinds - space and costs. The necessity to store files, often of
many volumes, was connected with their storage and related costs. Under the Ordinance of the Minister of Justice of
December 14, 2018, on the storage and destruction of files of bailiffs and closed recording devices [11] files of
bailiff cases in which the proceedings have been completed, hereinafter referred to as "case files", and closed
recording devices are divided into archival materials marked with category A and non-archival documentation
marked with category B. Pursuant to § 3 sec. 1 of the same regulation, archival materials include files of cases for
enforcement against the real estate in which the ownership of the real estate was awarded; for enforcement in order
to abolish the co-ownership of real estate by way of public sale, in which the ownership of the real estate was
awarded; for enforcement with the participation of the State Treasury, with the exception of cases for the
enforcement of court claims; in which the value of the enforced claim, on the day of submitting the application for
enforcement, exceeds two thousand times the minimum remuneration for work determined on the basis of separate
provisions and recognized by the court bailiff as of exceptional importance due to the material collected in the case,
appearing in the cases of the person, the nature of the cases especially those of unprecedented importance and a
social impact. In addition to these case files, the bailiff includes in the archives the files of at least five cases from
each method of enforcement in a given year, in particular, effective enforcement against sea-going ships, industrial
property rights and items of historical, scientific or artistic value, and files of at least five cases with each repertory
for a given year. All case files not listed in sec. 1 and 2 are classified as non-archival documentation. Immediately
after the end of the proceedings, the bailiff or the deputy bailiff authorized by him includes the case files in the
appropriate category and indicates the period of their storage (§ 9).
As stipulated in § 7 of the regulation, archival materials are stored for 10 years and non-archival documentation
for 5 years. However, for 12 years, the files of cases in which the full benefit has not been enforced are kept.
However, for ten years, files of cases for enforcement against real estate are kept, in which, despite the appointment
of the auction date, the ownership of the real estate was not awarded - unless these files are archived for 12 years;
and for enforcement in order to abolish co-ownership of real estate by way of a public sale, in which, despite the
appointment of the auction date, the ownership of the real estate was not awarded.
Due to the functioning of the paper form of bailiff files and a large number of cases, the first problem is the
efficiency of archiving. A large number of cases conducted causes a lack of space and limited archiving
possibilities[12]. The second problem is the cost of archiving. For a long time, by Resolution No. 381 / III of the
National Council of Bailiffs of June 10, 2007[13], issued under Art. 37 a and 37 b and article. 85 sec. 1 point 17 of
the Act of August 29, 1997, on court bailiffs and enforcement (uniform text: Journal of Laws of 2006, No. 167, item
1191, as amended) and the provisions of Resolution No. 319 / III of December 13, 2006, of the National Council of
Bailiffs on the creation and organization of a repository of files and the repeal of the resolution of the National
Council of Bailiffs No. 307 / III of September 13, 2006, on commissioning the company "Currenda" limited
company to perform the duties of the National Council of Bailiffs in the field of storage and transfer of files cases
and unnecessary recording devices, it is resolved that under § 1, a fee for archiving case files and recording devices
was established along with the destruction service in the amount of PLN 61 gross for storing 1 linear meter of
documentation for 1 year [14]. This fee is a one-off fee, charged in advance for the entire period of keeping case
files and recording devices. By the resolution of No. 2052 / VI of the National Council of Bailiffs of January 15,
2019, on amending the resolution No. 381 / III of the National Council of Bailiffs of June 10, 2007, a fee for
archiving case files and recording devices has been set in the amount of PLN 75.03 (say: seventy five zlotys 03/100)
for storing 1 linear meter of documentation for 1 year.
4. Elements of electronic bailiff files and their sharing
The rule is that each case initiated in the bailiff's office has separate files. The files are a collection of documents
submitted to a given case and drawn up by a bailiff[15]. Despite the clear indication in the regulation on bailiff files
that they concern the activities specified in Art. 3 sec. 3 of the Bailiff Act, i.e., activities in enforcement, security
and inventory proceedings, it should be postulated, for pragmatic and organizational reasons, that files should also
be created for other cases conducted in the office[16]. The bailiff is obliged to establish and keep files for each case
conducted in order to: enforce a court judgment in cases of pecuniary and non-pecuniary claims and secure claims,
including European bank account preservation orders, subject to the exceptions provided for in the Code of Civil
Procedure; execution of other writs of execution and writings that are enforceable by way of court execution without
providing them with an enforcement clause; execution of decisions securing the inheritance or drawing up an
inventory; performance of tasks specified in other acts[17].
Electronic bailiff files, in addition to the basic documents related to the performance of activities under Art. 3 of the
Bailiff Act, can additionally include documents submitted by parties in a traditional form. In the case of a bailiff
producing a document in a traditional form, i.e., a paper with a handwritten signature in the files, the question arises
whether in order to digitize the file it is sufficient to affix the letter from the bailiff's system with an electronic
signature and place it in electronic files, or whether it is necessary to scan the paper document and then mark it scan
with an electronic signature. In the case of bailiff files, there is no mixed way of collecting documentation. As
provided in § 24 sec. 3 of the regulation on specifying the detailed rules of keeping office, accounting and records,
the case files are accompanied by digital images of: protocols, decisions, orders and other letters of the bailiff,
copies of the letters sent and return acknowledgments of delivery[18].
On the other hand, § 24 sec. 4 of the same regulation indicates that the case files are accompanied by digital
images of the court correspondence relating to this case, including the sent copies of court rulings and the envelopes
in which this correspondence was sent. In the light of § 24 sec. 9 of the regulation, with regard to the files of cases
conducted in the ICT system, documents are attached to the files by placing their digital representations in the ICT
system. The rules regarding digital reproductions have been clearly defined - if the files are kept in the system, then
the paper should be scanned and stored in an additional set of documents. In the case of keeping paper files,
printouts from the system should be attached to the folder.
In such a case, in relation to the files of cases conducted in the ICT system, documents produced in paper form
are to be attached to the additional set of documents. However, there is an exception to the rule of obligatory
adherence to one form of medium in the process of documenting a case - it is audiovisual recording. Due to the need
to record video and sound during enforcement activities, which is to document the stages of settling the case, the
record is also considered part of the case files and is stored with them and marked with appropriate metadata. When
files are kept in electronic form - the record and metadata are placed in the system.
The bailiff is obliged to establish and keep files for each case conducted in order to: enforce a court judgment in
cases of pecuniary and non-pecuniary claims and secure claims, including European bank account preservation
orders, subject to the exceptions provided for in the Code of Civil Procedure; execution of other writs of execution
and writings that are enforceable by way of court execution without providing them with an enforcement clause;
execution of decisions securing the inheritance or drawing up an inventory; performance of tasks specified in other
acts[17].
Art. 155 sec. 2 the Bailiff Act. indicates that the bailiff provides participants in the proceedings with access to the
files in the office and to the accounts in the ICT system referred to in Art. 158 sec. 1 Bailiff Act. Hence, due to the
obligatory electronic form of the files, the legislator indicated the way of making them available. According to Art.
155 sec. 3 of the LFS, at the court's request and other supervisory authorities, the bailiff provides files in the ICT
system, and when necessary, also sends an extra set of documents. It should be indicated here that this is a form of
implementation of the statutory principle of openness expressed in Art. 9 of the Code of Civil Procedure, according
to which the openness of proceedings is manifested in open court hearings, access to case files (i.e., the right of the
parties and participants in the proceedings to view them and receive copies, copies and extracts), public
announcement of judgments and the possibility of participating in specific court actions, as well as in accessing the
electronic protocol (i.e. a protocol prepared in the form of sound or image and sound recording) and other letters,
also in electronic form via the ICT system[19].
Therefore, under § 5 of the regulation on the keeping and sharing of records and recording devices by a court
bailiff, the case files are made available at the bailiff's office after identifying the person whose files are to be made
available, and in the case of a person who is not a participant in the proceedings, after additionally demonstrating the
right to access the documents.
On the other hand, in accordance with § 28 of the regulation on the definition of detailed rules for running office
space, accounting and records of financial operations of bailiff offices, the bailiff issues files kept in paper form
outside the bailiff's office only at the request of a court or authority authorized under separate provisions. Electronic
files are made available to courts and other supervisory authorities by providing access to the ICT system, i.e., by
providing a code allowing access to electronic files to the requesting entity or unblocking access for a given user, as
well as by sending an auxiliary set of documents[15].
The auxiliary set of documents will contain documents that were scanned before being implemented into the ICT
system. An auxiliary set of documents is available to participants in the proceedings and to the court or other
supervisory authorities in the bailiff's office. At the request of the court or other supervisory authority, the bailiff
sends this set or copies of the documents contained in this set, certified to be true copies of the original (§ 4 (4) of
the Regulation). This occurs only when, for example, the analysis of data available in the ICT system is not
sufficient, e.g. a scanned document is illegible or raises doubts as to its authenticity or completeness[15].
On the basis of the statutory delegation contained in art. 157 the Bailiff Act, detailed technical solutions
regarding the operation of the ICT system and access to files are included in the Regulation of the Minister of
Justice of December 14, 2018 on the keeping and sharing of records and recording devices by court bailiffs[19].
Pursuant to § 3 of the Regulation, if the document attached to the case file is in paper form, the court bailiff prepares
a digital reproduction of the document and places it in the case file. After the digital copy is prepared, the paper
document is stored in an auxiliary set of documents. As provided for in § 4 of the regulation, the case files and
recording devices are made available to participants in the proceedings in the bailiff's office on devices belonging to
the bailiff, via an account in an ICT system or on a data carrier on which electronic documentation has been
recorded. The case files and recording devices are made available to the supervisory authorities via an account in an
ICT system or on an IT data carrier. Access to bailiff files may currently take place through an electronic
enforcement desk operated by bailiff offices, provided that the creditor has a system that allows him to use this
form. Making files available for viewing does not involve a payment of a fee, as well as making notes from the files
reviewed. However, according to Art. 77 sec. 1 of the Court Fees Act [20], a fee is charged for the application for a
certified copy, extract or excerpt or certificate in the amount of PLN 20 for each 10 pages of the document issued on
the basis of the files. According to Art. 78 of the Act on Court Costs in Civil Cases, the fee for the application for a
copy of the document contained in the case file is collected in the amount of PLN 20 for each commenced 20 pages
of the issued copy.
5. Use of electronic form - challenges for the bailiff.
First of all, the bailiff is responsible for keeping bailiff files. According to Art. 155 of the Bailiff Act, for each
case within the scope, referred to in Art. 3 sec. 3, the bailiff creates separate files. These files are kept and stored in
electronic form [16]. Hence, the bailiff creates files separately for each case that concerns the enforcement of court
judgments in pecuniary and non-pecuniary matters, securing claims, execution of enforcement and enforcement
orders. It includes enforcement by way of court execution without providing them with an enforcement clause and
the execution of decisions on securing the inheritance or drawing up an inventory[21]. In the case of performing
other tasks specified by the Act. pursuant to §19 of the regulation, immediately after the receipt of the case, the
bailiff creates files to which he attaches all letters regarding this case. Letters submitted in the course of the
proceedings are attached to the files in the order of their receipt. When determining the exact order of receipt of
documents, the provisions of § 8 para. 1 shall apply accordingly.
Art. 295 the Bailiff Act, stipulates that until December 31, 2020, (i.e., until the preparation and implementation
of IT systems), the documentation specified in Art. 155 sec. 1 and Art. 156 the Bailiff Act., may also be created,
processed, stored and made available in the current form. This indicates the possibility of maintaining the written
form until then and requires the bailiff to use the electronic form. On the other hand, from January 1, 2021
documentation in the form of case files may also be created, processed, stored and made available in the current
form, which means keeping bailiff files in a hybrid form due to the lack of the system.
Importantly, the Act on the National Register of Debtors adopted on 6 December 2018 [28] also introduced
changes to Art. 158 of the Bailiff Act, according to which the Minister of Justice creates an ICT system that supports
enforcement and security proceedings conducted by bailiffs, in which the documentation referred to in Art. 155 sec.
1 and art. 156, and there are accounts with which you can lodge letters, as well as perform tasks consisting in the
design, implementation, operation, integration, development and sharing of this system, securing personal data
processed in this system and ensuring the possibility of data exchange between system users. This amendment will
enter into force on July 1, 2021.
The bailiff is obliged to make the files kept available both in the office and through an account in the ICT system.
The legislator did not clarify the concept of an account. Whether the bailiff is obliged to create several accounts or
can use email in communication with clients, or whether a trusted e-mail address or data verification is required, has
not been defined yet. This will be explained only by the regulation, specifying the scope of this concept and safety
conditions. The more so that the purpose of the legal regulations regarding declarations of will made with the use of
an electronic signature is to provide entities participating in electronic trading with security, i.e., so that the author of
the declaration of intent can be identified and that data sent by electronic means are not available to third parties[16].
The Act amending the Labor Code regarding the digitization of employee files clearly states that the employer is
obliged to keep employee documentation in a manner that guarantees its confidentiality, integrity, completeness and
availability, in conditions that do not threaten damage or destruction during the period of employment[22].
Therefore, the Bailiff Act should also provide for such a legal solution that will ensure security, especially in
internal transparency, i.e., collecting and sharing files safely only to the parties or participants of the proceedings.
The legislator introduced the obligation to keep files in electronic form. In the light of the Ordinance of the
Minister of Justice of December 14, 2018, on the keeping and sharing of records and recording devices by a court
bailiff [19], which specifies the manner and procedure for keeping files and recording devices by the judicial
enforcement authority, as well as the manner of making them available to the parties to the proceedings and
supervisory authorities, it is necessary to digitize the files of enforcement proceedings. In the case of paper
documents, a digital representation of them should be made. Case files are made available on devices belonging to
the bailiff in the ICT system after verifying the subject's identity. At present, the bailiff is obliged to keep files in the
ICT system, open, maintain and store files in electronic form, and make them available to participants in the
proceedings in this form, although there is no ICT system provided by Ministry of Justice (Article 295 of the Bailiff
Act).
The bailiff provides participants in the proceedings with access to the files in the office and through the accounts
in the ICT system referred to in Art. 158 sec. 1 The Bailiff Act. Under the Art. mentioned above. 158 sec. 1 the
Bailiff Act. the Minister of Justice creates an ICT system in which the documentation is referred to in Art. 155 sec. 1
The Bailiff Act. The assumptions of the Ministry of Justice, assuming that the cut-off date for introducing the
system will be January 1, 2021, seemed to be feasible, yet there is still no system that would meet all the statutory
requirements, and even more so that would allow creditors to access enforcement files. At the moment, it is assumed
that bailiffs should keep files in electronic form without an ICT system.
The bailiff is also obliged to make available the files kept in this way both in the office and through an account in
the ICT system. Hence the activities should already aim at introducing this form. It should be made clear that this is
a statutory obligation, but its implementation depends on ensuring such a possibility. There is an analogy to a similar
situation with electronic medical records. Pursuant to Art. 10 of the Act of April 28 2011, on the information system
in health care, the Medical Information System is an ICT system used to process data on granted and planned
healthcare services provided by ICT systems of service providers. There is also the new regulation of the Minister of
Health on the types, scope and templates of medical documentation and the method of its processing entered into
force[24], under which, it is still possible to create medical documentation in traditional and electronic form, which
after that time will be the only acceptable form provided for by the legislator. Although the deadline of December 31
2017, was binding, it was necessary to consider the possibility of its extension by the legislator. According to the
original assumption, medical documentation created after July 31, 2014, was to be kept only in electronic form[23].
On this day, the provision was introduced, according to which, until December 31, 2017, medical records were kept
in paper or electronic form, and in the current legal state, this period was first extended to December 31, 2017, and
later prolonged the system exists. All service providers are required to keep electronic documents in the areas
mentioned above.
This situation also occurs in the electronic form of acts in civil proceedings regulated in Art. 125 § 2.1 of the
Code of Civil Procedure creating a legislative possibility that does not correspond to reality due to the lack of an
appropriate system. As indicated by the legislator, if a particular provision so stipulates or a choice has been made to
submit pleadings via the ICT system, pleadings in this matter shall be filed only through the ICT system. Letters not
brought through the ICT system do not produce legal effects associated with submitting a letter to the court by the
law, about which the court instructs the person submitting the letter. Due to the inability to submit such letters, it
forced an amendment to the Act and now in Art. 125 § 2.1a of the Code of Civil Procedure, the choice of lodging
pleadings via the ICT system and further lodging of these writings via this system is permissible if possible for
technical reasons attributable to the court [25]. As indicated, the introduction of Art. 125 § 2.1a of the Code of Civil
Procedure is the result of the transfer to the Code of the content of Art. 20 of the Act amending the Code of Civil
Procedure of 2015, which indicated that within three years from the entry into force of this Act, the choice of
lodging pleadings via the ICT system supporting court proceedings and further filing these writings via this system
is permissible, if, for technical reasons on the part of the court, it is possible. The manner and procedure for keeping
and making available electronic files to participants in the proceedings and supervisory authorities the files kept and
stored in electronic form are to be specified in the regulation. Until an ICT system allowing keeping files in this
form is created, in accordance with Art. 158 of the Bailiff Act, this obligation will enter into force.
According to Art. 155 sec. 2 the Bailiff Act., the bailiff provides the participants of the proceedings with access
to files in the office and via accounts in the ICT system created pursuant to Art. 158 sec. 1 the Bailiff Act. Since the
bailiff is obliged to make the files available through accounts both in the office and through an account in the ICT
system, appropriate care must be taken of the shared data security. At the court's request and other supervisory
authorities, the bailiff provides files in the ICT system, and when necessary, also sends an additional set of
documents. Pursuant to § 5 of the Ordinance on the provision of files and devices, the case files are made available
at the bailiff's office after the identity of the person whose files are to be made available, and in the case of a person
who is not a participant in the proceedings, also after demonstrating the right to access the files resulting from legal
provisions.
The court and other institutions may also demand that files be made available in the ICT system, while the
transfer of an additional set of documents, i.e., case files in paper form, should be treated as an exception. Some
solutions and tips on how to ensure the proper way of disclosure in the case of electronic form are provided in the
Regulation of the Minister of Justice of June 18, 2019[26]. Rules of Procedure of Common Courts pursuant to § 130
para. 1 of the same regulation regarding the electronic form of a recorded session, perusing the content by a party or
participant in non-contentious proceedings with the recording of sound or image and sound from a session, hearing
or other procedural action may take place at the court's seat in the room intended for this, after they have proved
their identity, and what to other persons - after proving the existence of a right resulting from legal provisions. It is
unacceptable to copy this record personally[16]. On the other hand, the issuance of a copy of the audio or video and
audio record takes place after the payment of a fee, unless, according to the provisions of court proceedings, this
activity is not subject to a fee, or the applicant has been released from the obligation to pay it. However, as stated in
§ 132 para. 1 of the regulation, the court's president may order that the data on the case, the content of protocols, and
court and procedural documents be made available to the parties or participants in non-litigious proceedings and
their representatives, attorneys and defenders through accounts in the ICT system. After authentication on the
account, the party, participant in non-litigious proceedings or their representative, attorney or defense attorney gain
access to the case data.
Due to the lack of a proper ICT system for keeping electronic bailiff files, in project 899 [27], currently being
processed as 1034, in Art. 5 of the draft, in the Act of March 22, 2018, on court bailiffs (Journal of Laws of 2020,
items 121 and 288), Art. 295 was to read that since December 31, 2020, the documentation referred to in Art. 155
sec. 1 and Art. 156, can also be created, processed, stored and made available as is. After this date, further
processing, storage and sharing in the form of existing documentation, which was previously produced in this form,
is allowed. If, after December 31, 2020, keeping, storing, processing, and making available in the ICT system
referred to in Art. 158, files of bailiffs and recording devices encounter obstacles that are difficult to overcome, the
bailiff creates, processes, stores, and makes this documentation available, bypassing the ICT system.
6. Conclusions
There are undoubtedly many advantages of the electronic form in enforcement proceedings. The Digital File gives
all the participants in the court and enforcement proceedings - the court, the participants in the proceedings, and the
representatives - an overview of the data in the court file at any given time. It binds hundreds of pages of files
uniformly into one place. As a result, there is no longer any real need to go somewhere to see the civil and
administrative court files. Documents can be accessed anytime online, regardless of parties physical location.
Undoubtedly, this form is forced by many regulations and practical aspects. If a system ensuring the practical
possibility of performing procedural activities in electronic form and keeping files in electronic form due to the
provision of access for creditors who are not mass entities is created, undoubtedly, conducting an enforcement case
will be faster and generating fewer costs. Moreover, the system handling electronic bailiff files must be safe. This
only guarantees compliance with the rules of civil procedure. It is essential to reduce the regulatory formalism so
that it can be applied to a specific situation. The application initiating enforcement proceedings and all actions
should be made in electronic form, ensuring compatibility. The regulations introducing an obligatory electronic form
of bailiffs' orders will make sense when activities are performed in this way, correspondence is conducted in
electronic form, and an electronic protocol may be used.
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Keywords: bailiff files, computerization, electronic form, ICT system

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2. Computerization of enforcement proceedings in Poland - general issues

4. Elements of electronic bailiff files and their sharing

5. Use of electronic form - challenges for the bailiff.

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