ON THE CLASSIFICATION OF DIGITAL TECHNOLOGIES IN CIVIL PROCESS

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov
Keyword(s):  
Information Processing ◽  
Scientific Community ◽  
Digital Technologies ◽  
Significant Feature ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Processing Information ◽  
The Impact

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.

scholarly journals ELECTRONIC CIVIL PROCEEDINGS IN INDONESIA, THAILAND, MALAYSIA

2020 ◽  
Vol 24 (4) ◽  
pp. 1122-1140
Author(s):  
Ekaterina P. Rusakova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Judicial Process ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Different Levels ◽  
Modern Technologies

Electronic court proceedings are now becoming a prerequisite for the effective functioning of the entire judicial system. The introduction of digital technologies in the judicial process is one of the tasks of reform, and its speed, cost-effectiveness and accessibility depend on it. The research purpose of this article is to identify common positive and negative features of the process of integrating modern technologies into civil proceedings in Indonesia, Thailand, and Malaysia. It is proved that: 1) Legal regulation of application of technical means in civil proceedings are not often in line with modern realities; 2) It is necessary to create conditions to secure judicial form of protection of rights and lawful interests by means of digital technologies; 3) The judicial form of protection of rights online is a guarantee of its implementation; 4) Implementation of procedural actions with the help of digital technical means needs simplification; 5) The general trend in reforming the civil process is wider application of artificial intelligence technologies. Comparative legal analysis of foreign legislation and literature demonstrates different levels of e-justice achievement in the countries under study, among which Malaysia is a leader in integrating modern information and telecommunications technology in civil proceedings; 6) The level of implementation of the digital agenda varies depending on the type of legal proceedings.

Judicial Management in Civil Proceedings: Formal and Material Components

2020 ◽  
Vol 4 ◽  
pp. 59-71
Author(s):  
А. V. Kononova ◽  
Keyword(s):  
Public And Private ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
The Impact

The article examines the traditional division of law into public and private, and the impact of this division on the principles and institutions of civil procedural law, as well as on the nature of judicial leadership in civil proceedings. As the methods of research historic, dogmatic, analysis and synthesis were chosen. According to the results of the study, it was found that the division of law has a significant impact on the civil process, determining its division into material and formal components. The author concludes that within each of the components of the process, the judicial management has significant features that lead to the allocation of two types of such management: material and formal.

Digital determination: can information technology become meaningful?

2021 ◽  
pp. 123-132
Author(s):  
Tatiana Gennadievna Leshkevich
Keyword(s):  
Information Technology ◽  
Comparative Analysis ◽  
Information Technologies ◽  
English Language ◽  
Digital Technologies ◽  
Digital Shadow ◽  
The Impact ◽  
Language Literature ◽  
Methodological Strategy

The article analyzes the impact of digital determination and its effects. The author poses a problem - can digital technologies become meaningful? The main goal of the article is aimed at analyzing digital determination in the context of the prospects for its meaningfulness. The article shows the deformations caused by digital determination, offers a classification of subjects, taking into account the degree of involvement in computer interactions. The author identifies the specifics of instrumental and technological rationality, draws attention to the phenomenon of “digital shadow” and infomania. The methodological strategy is based on the method of interpretation and comparative analysis. The principles of objectivity and sociocultural determination, as well as activity and subject-oriented approaches are effective. Of particular importance is the procedure of conceptualization, obtained generalizations. The author attracts modern English-language literature to the study. The main conclusions include the substantiation of the need for a complete restructuring of relations with information technologies in order to subordinate them to human reflection and awareness.

The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law

2021 ◽  
Vol 16 (12) ◽  
pp. 79-97
Author(s):  
E. E. Uksusova
Keyword(s):  
Theory And Practice ◽  
Regulation Mechanism ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Right ◽  
Judicial Protection

Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.

scholarly journals Digital nechnology and criminal law: interaction issues

2021 ◽  
Vol 60 (1) ◽  
pp. 105-110
Author(s):  
Elena V. Shchelkonogova
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
Scientific Community ◽  
Academic Discipline ◽  
Digital Technologies ◽  
Legal Analysis ◽  
Theory Of Law ◽  
The Impact

The development of digital technologies and their interaction with criminal law are extremely important for lawmaking, law enforcement, and the study of criminal law. In this connection, the author in the article aims to investigate the impact of digitalization on criminal law as a branch of law and as an academic discipline. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis and comparative legal. The author's position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of how artificial intelligence can be useful in assessing an act as a crime, what new offenses have appeared in connection with the development of digital technologies. With the helpof legal analysis of the provisions of the theory of law, the question of whether artificial intelligence can be a subject of law and be liable in the event of harm to the object of criminal law protection is investigated.

PASSIVE PROCEDURAL POSITION AND THE PROBLEM OF DISHONESTY OF THE PARTIES IN CIVIL PROCEEDINGS

2020 ◽  
Vol 6 (4) ◽  
pp. 172-191
Author(s):  
Nadezhda V. SUKHOVA ◽  
Faniya F. Chamaletdinova
Keyword(s):  
Good Faith ◽  
Scientific Development ◽  
Legal Proceedings ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
Methodological Assessment ◽  
The Right ◽  
Abuse Of Law

This article examines the approach of legal science and law enforcement to the issue of abuse of rights. The authors emphasize that the reform of procedural legislation in the first two decades of the 21st century corresponds to the tendencies of internationalization of the civil process, within the framework of which the principle of accessibility of justice in its true understanding as a legal value is concretized. In this sense, the authors state that the abuse of the right to sue is one of the most important problems of civil procedural law, requiring a solution in order to increase the fairness and efficiency of national legal proceedings. The analysis of a passive procedural position is carried out in the path of abuse of law. The authors acknowledge that, in connection with the COVID-19 pandemic, the need to severely punish dishonesty of the parties in court in order to promote good faith in civil proceedings is a response to the established jurisprudence. In addition, this article draws attention to the fact that the most important problems today are related to the improvement of mechanisms for encouraging the execution of procedural laws and rules of civil proceedings, and not just the system of punishment for dishonest behavior. This formulation of the practical problem determines the research methodology. According to the authors, the solution of serious problems associated with the dishonesty of the parties should be based not only on a theoretical (and monistic) approach, but on a pluralistic and communicative approach. And in this sense, this study is new. This article concludes that the failure of the procedural theory in the study of the phenomenon of abuse of rights and the explanation of conscientiousness in the civil proceedings is a fact of scientific development, subject to methodological research — a methodological assessment of this fact; the question arises about the essence of the phenomenon; special purposes of civil procedure — the directions of development of procedural law inevitably give rise to their own legal interpretations, in particular, this is observed in the case of assessing the good faith in the judicial proceedings for purposes of other branches of law.

scholarly journals DIGITAL TECHNOLOGY AND CIVIL PROCEDURE: PROBLEMS OF INTERINFLUENCE

2018 ◽  
pp. 56-68
Author(s):  
KONSTANTIN BRANOVITSKII ◽  
IGOR RENZ ◽  
ALEXANDR NEZNAMOV ◽  
ANDREY NEZNAMOV ◽  
VLADIMIR YARKOV
Keyword(s):  
Law Enforcement ◽  
Digital Technologies ◽  
Judicial Process ◽  
Civil Process ◽  
Procedural Law ◽  
System Method ◽  
Solution Methods ◽  
Practical Development ◽  
Foreign Science ◽  
The Impact

Introduction: the comprehensive impact of digital technologies on the modern civil process is obvious. Today, digital technologies have become a reality not only of judicial process, but also of enforcement proceedings, as well as notaries and arbitration. At the same time, the massive introduction of digital technologies has posed a number of conceptual issues: for example, the permissible limits of the impact of such technologies on the very essence of civil law enforcement. In spite of the fact that there are a number of rather fundamental studies in Russian and foreign science, this problem is not sufficiently covered in science and has not yet found a solution. Methods: the method of materialistic dialectics; the system method; the method of comparative law. Analysis: due to analysis of the achieved level of practical development and doctrinal understanding of digital technologies in the Russian and foreign civil process, an attempt is made to conduct a theoretical and practical study of the problem of interinfluence of digital technologies and the civil process. Results: a) the dominant approach to the understanding of digital technologies at the doctrinal and regulatory level is the «instrumental approach», in which such technologies are perceived primarily as new ways of conducting law enforcement activities, conceptually not changing the very foundations of such activities, b) as a way (form) of implementation of law enforcement activities, digital technologies can not affect the content of this activity; the massive or radical introduction of such technologies could influence not only certain institutions of civil procedural law, but also its principles, topology, the very essence of law enforcement in civil cases.

scholarly journals Digitization of Civil Legal Proceedings in the Russian Federation

2021 ◽  
Vol 9 (4) ◽  
pp. 158-175
Author(s):  
Damir Valeev ◽  
Nikita Makolkin
Keyword(s):  
Russian Federation ◽  
Digital Technologies ◽  
Judicial System ◽  
The Internet ◽  
Legal Environment ◽  
Legal Proceedings ◽  
Administration Of Justice ◽  
The Russian Federation ◽  
The Impact ◽  
Commercial Courts

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.

DIGITALIZATION OF THE POLITICAL PROCESS OF MODERN RUSSIA: TRENDS AND PROSPECTS

2021 ◽  
Vol 27 (6) ◽  
pp. 63-72
Author(s):  
O. Potanina ◽  
Keyword(s):  
Political Communication ◽  
Scientific Community ◽  
Political Process ◽  
Digital Technologies ◽  
Digital Transformation ◽  
The Political ◽  
Russian Society ◽  
Political Sphere ◽  
Digital Format ◽  
The Impact

The development of digital technologies, their active implementation in the process of public-power management, and the daily life of citizens are changing the usual forms of political communication, radically transforming the political space. In the scientific community, discussions are held about the feasibility and importance of these processes, value judgments are made about the changes taking place in society; however, the digital transformation of public relations is irreversible and increasingly affects the familiar world. The urgency of this issue is due to the intensive introduction of the latest technologies in the political sphere, that is, its complete digitalization. The object of the research is the political process under the influence of the digital transformation of society in modern Russia. The subject of the study is the impact of the latest digital technologies on the transformation of the political process. The research purpose of the article is to determine the list of trends in the digitalization of the political process in modern Russia. The first task is to consider the issue in the scientific community about the use of digital technologies in the political sphere; the second task involves the analysis of the influence of trends on the transformation of the political process, the third-the identification of the most obvious trends. Digital technologies and prospects of digitalization are considered, taking into account the accumulated experience in the political sphere. The research examines the phenomena of digitalization of the political environment, analyzes digital trends and their impact on changing political communication. The author delineates the prospects and trends of digitalization of the political process. A possible list of trends in digitalization that will be introduced into the political sphere in the coming years, such as trends in the “digital format”, the protection of big data, control, and robotization, which cause modern changes in the political process in modern Russian society, and have an impact on the development of relations between a person and the state, is revealed

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