Title Преимущества и риски применения современных технологий в гражданском процессе /
Translation of Title Benefits and risks of using modern technologies in civil procedure.
Authors Aфанасьев, С.Ф ; Борисова, В.Ф ; Зарубина, М.Н ; Кудрявцева, E. A ; Курочкин, С.А ; Лукьянова, И.Н ; Некрошюс, В ; Самсонова, М.В ; Смагина, Е.С ; Соловых, С.Ж ; Стрельцова, Е.Г ; Чайкина, А.В ; Черных, И.И
DOI 10.24031/2226-0781-2020-10-4-270-294
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Is Part of Вестник гражданского процесса.. Москва : ООО "Издательский дом В.Ема". 2020, т. 10, № 4, p. 270-294.. ISSN 2226-0781
Keywords [eng] justice ; artificial intelligence ; digitalization ; justice efficiency ; technology.
Abstract [eng] Digitalization of the justice sector raises the question of the boundaries of technology penetration into judicial activity. This issue is considered from several perspectives: to what extent digitalization is combined with the existing procedural guarantees and regulations; in what cases digitalization of justice can improve the efficiency of legal proceedings; what are the functions of forensic super services. It is proposed to consider options for making decisions using digital technologies; in particular, the possibilities of shaping solutions using technologies are discussed; as well as replacement of a judge in simple and similar cases as an alternative to simplified forms of resolving cases. The idea of a digital platform as a “fourth” party is very promising in organizing pre-trial dispute settlement. Digitalization raises the question of the need to allocate new procedural rights; identification and authentication of participants in the process; on changes in the collection and assessment of evidence, in particular, on their verification. Evaluation of evidence can be carried out with the help of technology in the part that does not involve value attitudes and does not require an assessment taking into account a person’s life experience. Specific mechanisms are also proposed for the use of technology in review at the level of cassation in the judicial chambers of the Supreme Court and in the execution of court orders rendered with the use of technology. The issues of using digital technologies in the context of a pandemic stress test, including in the absence of procedural regulation, are considered. Proposals were made on new grounds for temporarily stopping the process, and criteria for cases were highlighted, the consideration of which cannot be interrupted under any circumstances.
Published Москва : ООО "Издательский дом В.Ема"
Type Journal article
Language Russian
Publication date 2020