Участие в судебном заседании путем использования системы веб-конференции: за и против

Abstract

The article examines the legal status of web-conferencing in the courtroom. Trial court litigation no longer requires physical presence in the courtroom because web-conferencing has become an integral part of the judicial system, thus facilitating people’s access to justice. However, many organizational issues remain unregulated, e.g., application timing, identification procedure, evidence examination and presentation, protocol procedures, etc. The legal regulation of the connection process and the consequences of non-compliance also remain a special issue. These organizational matters impact the ability of remote participants to defend their interests in court and obtain access to justice equal to those provided to in-person attendees. The author proposes various ways to enhance the norms of using web-conferencing systems in court, e.g., how to examine digital evidence in a web-conference format, how to provide web-conferencing facilities for every court session, etc. Web-conferencing at court needs stricter legislation, uniform legal standards, and clear procedures. The article offers an analysis of the existing information services, their technical capabilities, and alternative technological solutions for online participation in courts of arbitration and general jurisdiction.