scholarly journals Digitization of Civil Legal Proceedings in the Russian Federation

2021 ◽  
Vol 9 (4) ◽  
pp. 158-175
Author(s):  
Damir Valeev ◽  
Nikita Makolkin

This work is an analysis of legal trends in the administration of justice and the judicial system of the Russian Federation. Among the main trends, the authors observe an increase in the number of civil cases considered on the merits by both commercial courts and general jurisdiction courts. The authors also analyze some opportunities for increasing the level of integration of digital technologies in the legal environment of the Russian Federation. One of the triggers capable of catalyzing this process is the COVID-19 pandemic. Moreover, the transformations in the administration of justice that require online court trials using the Internet are analyzed, and some foreign experience in implementing such a format of court trials is considered. The authors also assess in this article the impact of judicial reforms in 2019 on the dynamics of the administration of justice.

2021 ◽  
Vol 16 (1) ◽  
pp. 128-135
Author(s):  
D. I. Shtefan

The paper analyzes the preliminary results of the implementation of the Federal Target Program "Development of the Russian Judicial System in 2013–2020". The author provides specific examples of achievements in the main areas of development of the judicial system. Besides, the author defines some unresolved problems, such as the need to locate federal courts in buildings convenient for the administration of justice, provision of technical means and security means for judges and court staff, digitalization (informatization) of the judicial system, unreasonably long legal proceedings time frames, accommodation for judges and employees of courts and the Judicial Department at the Supreme Court of the Russian Federation. The paper also offers approaches to solving each of the mentioned problems. Based on the results of the 2019 meeting of the Presidium of the Council of Judges of the Russian Federation, the paper outlines the proposals on ways to develop the judicial system in the 3rd decade of the 21st century, and names the main factors for their successful implementation.


2020 ◽  
Vol 12 ◽  
pp. 56-66
Author(s):  
E. V. Ryabtseva ◽  

The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.


2021 ◽  
Vol 6 (11(61)) ◽  
pp. 9-12
Author(s):  
Sergey Sergeevich Gribkov

The article examines the impact of information technologies on the social and economic spheres, as well as the operational and service activities of the internal affairs bodies, in particular. The problems of detection, investigation and registration of crimes associated with the use of information and telecommunication technologies are touched upon. Prospective solutions to these issues are proposed.


2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.


2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 118-124
Author(s):  
Veronika Viktorovna Pshava ◽  
Irina Andreyevna Babenko ◽  
Vyacheslav Vitalievich Pletnev ◽  
Aleksandr Borisovich Sokolov ◽  
Julia Vladimirovna Sadikova

The article considers various forms of participating in the administration of justice in criminal cases in the constituent entities of the Russian Federation, the Federal Republic of Germany and the United States of America. A 30-year long development of the jury institution in Russia and its active reforming since 2016 necessitate a scientific analysis of various forms of people's participation, identification of their features, positive and negative experience. Despite the expanded jurisdiction of the jury considering criminal cases, the introduction of this institution at the level of district courts and the reduction of jury members, there is an acute issue of forming jury boards (the unwillingness of citizens to participate in the administration of justice) and a large number of repealed sentences passed in this form of legal proceedings. The positive experience of other democratic federal states can serve as an example of ensuring the functioning of the jury institution in Russia.


2021 ◽  
Vol 16 (10) ◽  
pp. 144-152
Author(s):  
D. I. Shtefan

The reform of the judicial system of the Russian Federation has been going on for over 20 years. Every year the country faces new economic realities and is forced to respond to emerging difficulties. The paper focuses on the insufficient level of remuneration of employees of the court apparatus (court officials), analyzes the causes of this problem, and provides a calculation based on open statistical data. The author puts forward proposals for finding additional sources of budget revenue, focuses on the problems of functioning of the institution of state fees and ways to eliminate them. As a way to solve the problem, a draft of amendments to tax legislation has been developed. The proposed initiative can be used as a compensatory argument for additional financing of the Russian judicial system. Raising the minimum and maximum thresholds for state duties is an inevitable reform due to the growing burden on the judicial system and the impact of inflationary processes. The judicial community should draw the attention of the executive branch of government to problems and possible ways of solving them.


Author(s):  
Daria Dmitrievna Rozhkova

This article analyzes peculiarities of jurisdiction on recognition information posted on the Internet prohibited for distribution in the Russian Federation, which is a relatively new institution of administrative procedure law. The subject of this research is the norms established in the Chapter 27.1 of the Code of Administrative Legal Proceedings of the Russian Federation, which form an autonomous institution of administrative procedure law of the Russian Federation. The provisions of this chapter are serve as the foundation for settling public law disputes emerging as a result of posting information on the Internet resources. The main conclusion consists in the statement that the concept of “information prohibited for distribution on the territory of the Russian Federation” needs to be amended, since the current legislation contains not only the rules that define information posted on the Internet. The author also underlines the need for introducing into the text of Administrative Procedure Code of pretrial procedure of consideration of administrative cases. The article substantiates that court procedure on recognition of information prohibited for distribution should be transparent and thoroughly regulated. At the same time, the case law confirms that legal process of recognition of information posted on the Internet prohibited for distribution in the Russian Federation is not flawless.


2020 ◽  
Vol 311 ◽  
pp. 02016
Author(s):  
Elena Lobacheva ◽  
Natalia Yadova

The article is devoted to the problem of development and influence of digital technologies on e-Commerce enterprises. The types and forms of digital technologies used in this field are studied the characteristics and features of modern e-Commerce in the Russian Federation are considered. The modern Russian e-Commerce market still lags behind foreign ones in terms of the number of users and assortment, but it shows high annual growth rates. The article substantiates the point of view that the further development of e-Commerce is one of the key drivers of growth of all trade in the Russian Federation and the economy total. So, it is very important to assess not only the current state of the e-commerce market, but also to identify perspective trends in its development. E-commerce analysis of research if indicates that modern digital technologies can shape and control the way that a buyer goes from getting acquainted with a product to purchasing it. Digital technologies help to create new patterns of customer relationship. The article offers an overview of the main areas of use of digital technologies that are used in this field: Big Data and personalization, mobile Commerce, Blockchain technology, social networks. This overview can be useful to the scientific and business communities when conducting research in the field of digital economy, when building business plans and strategies taking into account the use of modern digital technologies in the development of the information society.


2020 ◽  
Vol 164 ◽  
pp. 10011
Author(s):  
Elena Karanina ◽  
Maksim Bortnikov

The concept of the “Energy strategy of Russia for the period up to 2035” implies a comprehensive structural transformation of the energy sector and its transition to a qualitatively new level through the use of digital technologies. One of the first steps in building a model of the Internet of energy in Russia may be the introduction of a mechanism for creating industrial microgrids, for which a draft resolution of the government of the Russian Federation has already been developed. The article considers the features of functioning of a new subject of electric power industry - active energy complexes, their conceptual, economic and legal features, and also developed a method for evaluating the system effects of their implementation.


2021 ◽  
Vol 128 ◽  
pp. 01022
Author(s):  
Anna Veretennikova ◽  
Kseniya Kozinskaya

The development of social entrepreneurship as a relatively new form of solving social problems depends on many factors, particularly on the institutional environment and its digitalization. Information processing systems and various activities associated with digital technologies affect almost all aspects of economic activity. This study aims to analyze and substantiate the impact of digital transformation processes on social enterprises in the regions of the Russian Federation. Regression and correlation analysis was used as a research method. In the course of testing the hypothesis about the influence of the digital component on the development of social entrepreneurship, the importance of investment in informatization and communications and the share of the population using the Internet in a particular region are shown.


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