NISPAcee Annual Conference
Bashkir Academy of PA & Management under the Head of the Republic of Bashkortostan
Ufa Russian Federation
Use of Modern Technologies as a Way to Protect from Right Abuse in Civil Legal Proceeding (Comparative Analysis of Norms of Commercial and Civil Procedure Codes of the Russian Federation)
Paper files are available only for conference participants, please
Abstract not available
The term “e-justice (electronic Justice)” in Russian system of civil procedure is in use only few years. In 2011 some components of e-justice appeared in Arbitrary Procedure Codes of the Russian Federation. There are:
1. system of obligatory placement on the site www. arbitr.ru all the judicial acts;
2. possibility of appeal to the court electronically;
3. new rules of announcing process participants;
4. possibility to take part in procedure through the videoconferencing;
5. calculation procedural terms depending on date of judicial acts accommodation on the official court’s website;
6. other rules, requiring using modern information technologies.
These changes in proceeding in arbitration courts ensure the real transparency of the trial and protect from abuse by the participants of legal and abuse of the judges.
Questioning the judges showed a mixed assessment of the mentioned changes. For example, some of them pointed to the increased volume of work. The participants of civil proceeding conversely notes the decrease procedural violations. Although some note of violations by judges, such as: stopping by the judge the audio recording to comment on something or offer to make a procedural action.
Meantime, in the courts of general jurisdiction we have only few elements of e-justice, and they are not binding on the court and can be used "when technically feasible".
For example, the total area of the Republic of Sakha (Yakutia), including part of the island is 3.1 million square km. The length of Yakutia in the latitudinal direction - 2500 km, in the meridian - 2000 km. Because of such long distances turnout of process participants from remote areas to the Supreme Court of the Republic becomes difficult. And they do need an opportunity to participate in the process through the district (municipal court) at their residence through the use of video-conferencing.
Lack of information technology leads to violations of human rights, diminishes the accessibility of judicial protection as a whole.
So, in our research we analyze the practice of e-justice in civil procedure of Russian Federation, highlight the pros and cons of the impact of information technologies, study the international experience of e-justice and try to suggest ways to improve it in Russia.