E-Justice In The Activities Of Courts In Russian Federation

Abstract

The article analyzes the use of electronic systems in the activities of the courts in the Russian Federation. Existing systems are analyzed, namely the E-Justice system and the SAS Justice, and the positive and negative sides of each of these electronic systems are presented. The authors present the problematic points of using these systems in the legal proceedings in the Russian Federation. In the process of analyzing existing electronic systems, the authors conclude that it is necessary to make changes and modernize the SAS Justice system. In this article, the authors talk about the need to modernize arbitration courts and courts of general jurisdiction with equipment that allows case parties who have certain problems with attending court to participate in the hearing through video conferencing. In addition, the authors investigate the issue of filing electronic claims by e-mail and electronic filing systems. Also, in this work, the authors analyze the possibility of introducing databases of information that contain data from government agencies, it is this information that often becomes necessary in the process of considering a case. In addition, the authors offer other innovations, new information technologies that can be introduced into the activities of the courts in the Russian Federation for the implementation of electronic justice. The article provides examples of the implementation of e-justice in foreign countries, as well as draws conclusions regarding the current situation and suggests ways to solve complex problematic issues.

Keywords: Justicee-justiceelectronic systemsinformation technologylegal proceedings

Introduction

Modern society is undergoing constant changes not only in the political and economic spheres, but also in the everyday life of a person. The reason is the ever-changing information technologies that accompany us everywhere. The development and improvement of information technologies in everyday life is easily explainable, because it is due to their development that the activities of the state as a whole, as well as specific organizations and structures, are simplified.

The said changes did not pass by the judicial authorities of the Russian Federation. Today we can say that the modern justice system is quite complex and there is a desire to simplify it, speed up the process itself, simplify the interaction of citizens and organizations with the judicial authorities of all instances, as well as with each other, which, in turn, will ensure accessibility and transparency of legal proceedings (Protas & Protas, 2017).

Problem Statement

In this paper, we try to characterize the currently existing situation, evaluate the shortcomings and advantages of electronic systems, and also try to summarize and present proposals for changing the existing situation. There are enough problematic issues in the implementation of electronic justice, since there is a need for greater openness and transparency of legal proceedings, the ability of individuals to exercise their rights not only by directly submitting documents to the courts, but also using electronic systems. However, in practice, the implementation of these systems is not as cloudless as we would like, which in turn is a problematic issue that needs to be addressed.

Research Questions

- What electronic systems are currently operating in the courts of the Russian Federation?

- Are there any problems in the operation of these electronic systems?

- How to fix the identified problems?

- What other information technologies can be introduced to implement e-justice in the Russian Federation?

Purpose of the Study

The purpose of this study is to study the existing electronic systems currently operating in the courts of the Russian Federation, the characteristics of their positive and negative sides, as well as suggestions for their improvement. In addition, the purpose of this study is also the proposal for the implementation of other information technologies in the activities of the courts of the Russian Federation.

Research Methods

In the process of concluding this study the following research methods were used: situational and comparative analysis, logical structuring. Through comparative analysis a comparison of electronic proceedings earlier and at the moment, and compared with the existing e-justice in Russia and foreign countries. The method of situational analysis helped to characterize the current situation in electronic court proceedings. The method of logical structuring helped to draw conclusions after the analysis.

Findings

Fourthly, it is possible to provide special ATMs or multi-cash desks that will be located in the courthouse so that applicants can pay the fee directly in the courthouse and attach the specified receipt immediately on the day the application itself is submitted to the court registry. This feature will greatly simplify the filing of applications for people who do not have the opportunity to submit an application using electronic systems and will allow to file documents to the court much faster.

Conclusion

Based on the foregoing, we can draw the following conclusions, the process of introducing e-justice in the Russian Federation is still at the reform stage, there are quite a few gaps, negative sides, and unfinished points. In addition, there is certain inequality in the implementation of e-justice, which affects different sectors of the population, regions of Russia, etc.

In our opinion, if the procedure of going to court if simplified, made more open, clear, thus will increase the confidence of citizens in the judicial system as a whole. Attempts have been made, the SAS “Justice” system has been developed and introduced, however, it is necessary to eliminate all the imperfections of this system, as well as improve it, at least to the level of the “Electronic Justice” system, which is used in the arbitration courts of the Russian Federation.

The introduction of modern information technologies, the further development of e-justice in the Russian Federation will increase the level of legal proceedings, its quality, speed up the process of resolving disputes in essence, simplify document management and record keeping in courts, and increase citizens' confidence in justice.

References

• Elchaninova, N. B. (2017). Prospects of e-justice implementation: Legal problems of information security support. Society: Politics, Economics, Law, 7, 50-53. [in Rus.].
• European Court of Human Rights (2019). Case v. Republic of Moldova. Retrieved from: https://hudoc.echr.coe.int/eng#{%22languageisocode%22:[%22ENG%22],%22documentcollectionid2%22:[%22JUDGMENTS%22],%22itemid%22:[%22001-196887%22]} Accessed: 24.10.2019.
• Gromyko, S. V., & Kuryachaya, M. M. (2019). Digital modernization of legal proceedings as a strategic direction for the development of e-democracy in the Russian Federation. Legal Network Electronic Scientific Journal, 1(8), 22-35. [in Rus.].
• Kantser, Yu. (2016). The pros and cons of e-justice. EJ-Lawyer, 5. Retrieved from: https://www.eg-online.ru/product/yurist/5302/ Accessed: 24.10.2019. [in Rus.].
• Kobler, R. (2006). eJustice: Vom langen Weg in die digitale Zukunft der Justiz. NJW. Retrieved from: https://www.justiz-bw.de/,Lde/Startseite/Service/eJustice+_+die+digitale+Justiz+der+Zukunft/?LISTPAGE=3966042 Accessed: 24.10.2019.
• Livadnyaya, V. M. (2017). The digital economy as a factor in ensuring the effectiveness of justice. Plekhanovsky Barometer, 4(12), 68-70 [in Rus.].
• Lupo, G., & Bailey, J. (2014). Designing and Implementing e-Justice systems: Some lessons learned from EU and Canadian examples. Laws, 3, 353-387. https://doi.org/10.3390/laws3020353
• Pozdnyakova, V. S. (2018). Perspectives for the development of e-justice in Russia. Sustainable Development of Science and Education, 9, 121-123. [in Rus.].
• Protas, D. V., & Protas, E. V. (2017). E-justice as an innovative global trend. International Journal of Constitutional and State Law, 2, 27-29 [in Rus.].
• Sviridova, M. V. (2017). «Electronic justice» as the search of mechanisms of the modern Russian democracy support: Problems and contradictions of legislation. Lawyer-Jurisprudence, 2(81), 5-9. [in Rus.].
• Zarubina, M. N., & Novikova, M. M. (2017). On the essence of e-justice in the Russian Federation. Administrator of the Court, 1, 9-12. [in Rus.].