PROBLEMS AND PROSPECTS OF DIGITALIZATION OF CIVIL PROCEEDINGS IN RUSSIAN FEDERATION
Keywords:
information technologies, electronic justice, e-justice, digital justice, court, electronic document, internet, coronavirus, force majeureAbstract
The seventeen years that have passed since the adoption of the Russian Federation’s Code of Civil Procedure allow us to identify some current problems of its application, the solution of which should have a positive impact on the civil procedure proceedings development.
This article focuses on the problems of the "electronic" civil proceedings development, because over the past decade, the electronic technologies development and the improvement of social communication technical means have caused a significant information exchange acceleration, which has a fairly noticeable effect on the nature of interaction "human - society - state".
The concept of "e-justice" has become a natural result of progress in this area. Today, due to the global threat
of the cornovirus infection spread, it is one of the priority directions for the Russian Federation’s judicial system development.
The research subject is the provisions of domestic legislation on the legal regulation of modern information technologies in civil proceedings, as well as scientific and special legal literature on this issue.
The methodological basis of the research was formed by formal-logical and technical-legal methods of scientific knowledge.
According to the study’s results, it is concluded that a full-scale e-justice system implementation is necessary, which will have a positive impact on the judicial system, lead to greater access to justice for citizens and improve the quality and efficiency of the courts, regardless of force majeure or restrictive measures.
References
Civil Procedure Code of the Russian Federation from 14.11.2002 No138-FZ (ed. from 02.12.2019) / / Collection of Legislative Acts of the Russian Federation. 2002. No46. article 4532.
Federal Law No. 220-FZ from 23.06.2016 "On amendments to certain legislative acts of the Russian Federation regarding the use of electronic documents in the activities of judicial authorities" // Collection of Legislative Acts of the Russian Federation. 2016. No. 26 (Part I). Article 3889.
Order of the Judicial Department of the Supreme Courtin the Russian Federation dated 27.12.2016 No. 251 (ed. from 27.08.2019) "On approving the procedure for submitting documents in electronic form to Federal Courts of GeneralJurisdiction, including in the form of an electronic document" / / Bulletin of acts on the judicial system. 2017. No2.
Decision of the Supreme Court in the Russian Federation from 11.01.2018 no. AKPI17-946 / / the Supreme Court of the Russian Federation Bulletin. 2019. no. 2.
Ladeynov D. V. Features of information technologies application in civil and arbitration proceedings, problems and ways of their solution // In the collection: Youth scientific forum, Moscow, 2019, Pp. 103-105.
Ponomarenko V. A. Civilproceedings as a service in the electronic service state / / Lex Russica. 2016. No. 2 (111). Pp. 49-61.7.Sukharenko A. E-justice / / Ezh-Yurist. 2015. No41. P. 3.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
CC BY-ND
A work licensed in this way allows the following:
1. The freedom to use and perform the work: The licensee must be allowed to make any use, private or public, of the work.
2. The freedom to study the work and apply the information: The licensee must be allowed to examine the work and to use the knowledge gained from the work in any way. The license may not, for example, restrict "reverse engineering."
2. The freedom to redistribute copies: Copies may be sold, swapped or given away for free, in the same form as the original.
