THE RIGHT OF PERSONS DEPRIVED OF LIBERTY TO PARTICIPATE IN LEGAL TRANSACTIONS IN THE CONTEXT OF PROGRESSIVE DIGITALIZATION

<ns3:p>The article addresses an issue that has not been addressed in legal literature to date. It is intended to stimulate discussion on the right of persons deprived of their liberty to participate in legal proceedings. Due to their isolation in prison, these individuals face a number of difficulties in resolving their matters while at liberty. The aim of this paper is to provide an overview of the opportunities for persons deprived of their liberty to participate in civil law proceedings, including through attorneys and using modern technologies. The discussion is based on the provisions of civil, family, and penitentiary law, particularly regulations concerning the digitalization of prisons. The conclusions are not encouraging, as the lack of appropriate legal regulations and insufficient digitalization of penitentiary facilities cause persons deprived of their liberty to encounter significant difficulties in resolving their matters while at liberty. Persons deprived of their liberty should be treated as individuals with special needs in civil law proceedings, and the fact of serving a sentence or being in pretrial detention should not negatively impact their rights under civil and family law.</ns3:p>