Abstract

The article explores current conditions for ensuring the identification of the subjects of procedural relations in their application for judicial protection, participation in the consideration of the case, as well as trends to improve the system of identification confirmation of the persons concerned in order to comply with the procedural form and exclude the abuse of right in exercising the right to judicial protection. It was found that in modern conditions of expanding forms and methods of remote participation in court proceedings, there was a strong need to improve the process of identification of the subjects of civil proceedings by supplementing the existing system of authentication, which ensures the realization of the right to judicial protection and allows to identify remote identification with personal application for judicial protection to establish the real will of the subjects of procedural relations. At the same time, the author points out that the improvement of the system of confirmation of identity of the subjects of procedural relations does not involve the imposition of additional obligations on the court to establish the identity of the participants of the proceedings, but it should be implemented by software and hardware, identifying users of information systems of electronic document management participants of legal proceedings, including through biometric personal data. At the same time, there is a need to develop regulations for the activities of court employees when using information technology in order to implement the objectives of court proceedings in the current conditions of digitalization, excluding the manifestation of contempt of court as a form of abuse of procedural rights.

Full Text
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