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Transformation of the Procedural Obligations of the Court Under Electronic Justice Conditions

  • Olga NikolaychenkoEmail author
  • Viktor V. Nikolaychenko
Chapter
Part of the Studies in Computational Intelligence book series (SCI, volume 826)

Abstract

Relevance: The modern period of time is characterized by the provision of ample opportunities to citizens for the judicial protection of their violated rights. The state widely introduces information technologies in the Russian legal proceedings. Based on a broad understanding of information technology, the article presents a scientific analysis of their mediated effect on the protection of violated rights of citizens. Objective: The purpose of article is identifying the features of the regulatory framework and the existence of “e-justice” in Russia and the world, to analyze the possibilities of “barrier-free” for citizens to receive services in the administration of justice and, as a consequence, the transformation of the procedural duties of the court to resolve civil cases. Research Methodology: A comparative legal method allowed the author analyze the using of electronic technologies in the administration of justice in the United States, Australia, Germany, Russia and other countries. The method of analysis and synthesis allowed expose the existing scientific concepts of the applicability of electronic technologies in justice, along with such private science methods as formal legal, technical and legal. Results: The introduction into court of law “new” facilities allowing the court to fulfill the duties assigned to it by law in modern conditions, such as audio logging, video recording of the court session, SMS notification and electronic document circulation is not without the direct activity of the court. In this regard, justice, which has experienced the actual impact of information technology, can be considered electronic. The implementation or non-implementation of activities by other entities (including non-procedural) is determined solely by their interests. Conclusion: The article presents the results of study of the current state and dynamics of legal regulation in the procedural duties of the court in the conditions of electronic justice. Among them are the qualitative characteristics of the legal framework in terms of e-justice, doctrinal conclusions about its essential features in the Russian model of procedural regulation, current trends, the vector of its development in the future, formulation of the fundamental and applied tasks of the legal doctrine in terms of the scientific support of the procedural duties of the court and their feasibility as well as the legal solutions proposed by the author for reforming Russian procedural legislation. It was done in order to bring it to Niyama dictated digitalization of justice and the emergence of new types of procedural duties of the court.

Keywords

E-justice Information technologies Court Court proceedings Court procedural duties Video conferencing Electronic document Non-procedural appeals E-justice Audio logging 

JEL Classification

K10 K100 K40 K41 K410 K490 

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Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Saratov State Law AcademySaratovRussia

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