Надлежащее извещение в эпоху цифровизации правосудия по гражданским делам

Abstract

The article raises the problem of notifying the participants in the civil procedure. The analysis is carried out on the institution of notification of persons participating in the case, through the prism of digitalization of the administration of justice in civil cases. The author examines the nature of the judicial notice, defining the conditions for the recognition of the notice as appropriate. The comparative legal method of scientific knowledge makes it possible to draw a parallel with the arbitration process and identify gaps in the legal regulation of the definition of proper notification in the civil procedural legislation. As digital configurations of judicial notice, the author provides examples of notification by means of SMS messages, as well as using the functionality of the courts’ official websites on the Internet and e-mail. The conditions for the recognition of such methods as appropriate are considered. The dialectic of digitalization of judicial notice in Russia is traced. For comparison, it is used the experience of foreign countries (Italy, South Korea, Great Britain). Based on the results obtained, taking into account innovations in the field of personal identification in the information and communication network Internet, it is determined a new method of notifying persons participating in the case using instant messengers. The author investigates the possibility of recognizing this method as appropriate, points out the merits of its use and the rationality of its recognition as an acceptable means of communication on the part of the judicial system.