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Käräjäoikeuden konkurssihakemusprosessia oikeusmuotoilemalla kohti digiajan oikeusturvaa
(2022)
Tämän opinnäytetyön tarkoituksena oli tehostaa konkurssihakemusten käsittelyä käräjäoikeudessa ja luoda pohjaa niiden entistä digitaalisemmalle käsittelylle tulevaisuudessa. Käräjäoikeuteen saapuvat konkurssihakemukset olivat puutteellisia ja niiden...
The purpose of this thesis was to make the district court’s proceedings in bankruptcy application matters more effective and to lay a foundation for their more digital proceedings in the future. Incoming bankruptcy applications to the district court were insufficient and resources had to be used to supplement them. Solutions to the problem were set out to be developed through legal design or customer need perspective. The theoretical framework of the thesis comprised of juridical research of the law in force regarding bankruptcies and digital services of public authorities. In addition to legal examination, an overview was made into the theoretical basis and previous tangential studies of digital customer experience and more intelligent legal technology solutions. The studied theoretical framework guided the actual solutions development process of the thesis, which was carried out using design methodology. The so-called Double Diamond model was used as the development method in addition to applying legal design thinking as well as service design principles and tools. The key methods in obtaining customer understanding were, among other things, visualization of the current bankruptcy application service, simulation of the service with test customers and different theme interviews. Additionally, statistics were compiled on bankruptcy applications in the archives of the district court by categorizing them inter alia according to the quality of applicants and the legal defects of applications. The thesis focused on solving the problems of a customer persona that was created through research synthesis. Prototype testing in the customer base and the district court played an essential role in the ideation of solutions. A ready-to-pilot and layman applicants’ customer experience enhancing bankruptcy application form was designed as the concrete final output of the assignment. The form was meant for a limited liability company as a debtor. In addition, a concept of more digital near future bankruptcy AIPA-proceedings was created. A practical framework for an experiment aiming to create a bankruptcy algorithm further in the future was also considered. Real problems of the customers were successfully solved using legal design’s inclusive methods. The form solution was a valid option because almost all bankruptcy applications of the layman debtors had to be supplemented. The solution could potentially be used to make it easier to institute a lawful application, to hasten the proceedings and to improve judicial protection experience of the customers in a way that was also cost-effective for the district court. The standardization of applications with means like the developed form could also improve the transferability of application information to a fully digital environment and make it possible to produce more just digital age judicial protection in the future....
The purpose of this thesis was to make the district court’s proceedings in bankruptcy application matters more effective and to lay a foundation for their more digital proceedings in the future. Incoming bankruptcy applications to the district court were insufficient and resources had to be used to supplement them. Solutions to the problem were set out to be developed through legal design or customer need perspective. The theoretical framework of the thesis comprised of juridical research of the law in force regarding bankruptcies and digital services of public authorities. In addition to legal examination, an overview was made into the theoretical basis and previous tangential studies of digital customer experience and more intelligent legal technology solutions. The studied theoretical framework guided the actual solutions development process of the thesis, which was carried out using design methodology. The so-called Double Diamond model was used as the development method in addition to applying legal design thinking as well as service design principles and tools. The key methods in obtaining customer understanding were, among other things, visualization of the current bankruptcy application service, simulation of the service with test customers and different theme interviews. Additionally, statistics were compiled on bankruptcy applications in the archives of the district court by categorizing them inter alia according to the quality of applicants and the legal defects of applications. The thesis focused on solving the problems of a customer persona that was created through research synthesis. Prototype testing in the customer base and the district court played an essential role in the ideation of solutions. A ready-to-pilot and layman applicants’ customer experience enhancing bankruptcy application form was designed as the concrete final output of the assignment. The form was meant for a limited liability company as a debtor. In addition, a concept of more digital near future bankruptcy AIPA-proceedings was created. A practical framework for an experiment aiming to create a bankruptcy algorithm further in the future was also considered. Real problems of the customers were successfully solved using legal design’s inclusive methods. The form solution was a valid option because almost all bankruptcy applications of the layman debtors had to be supplemented. The solution could potentially be used to make it easier to institute a lawful application, to hasten the proceedings and to improve judicial protection experience of the customers in a way that was also cost-effective for the district court. The standardization of applications with means like the developed form could also improve the transferability of application information to a fully digital environment and make it possible to produce more just digital age judicial protection in the future....
