Преимущества и недостатки цифровизации гражданского, административного и арбитражного процесса

Abstract

The purpose of this study is to identify positive and negative digital changes that have affected the activities of judges and other persons involved in the case, within the framework of the trial. Research objectives: to study the prerequisites for the emergence of web conferences as a form of litigation; consideration of the main problems that arise in practice in the framework of electronic record keeping and legal proceedings; analysis of positive legislative innovations in the field of digitalization. We use general scientific methods (dialectical, logical, systemic), private scientific methods (historical, statistical, sociological), as well as special legal methods (comparative legal, formal legal). We review the main changes that have appeared in the procedural codes since January 1, 2022. We draw attention to the absence of legislative deadlines for filing a petition to participate in a court session through the use of the web conference system. We make a distinction between web conferencing and video conferencing. We conclude that it is impossible to fully comply with the procedural form within the framework of an online meeting. This is due to the requirements for the procedure for conducting a trial, including in terms of giving evidence and explanations. We note that there is a failure to comply with certain procedural principles in the application of the system of online meetings, namely the principle of publicity, competitiveness and equality of the parties. We indicate the main advantages of digitalization, which include: the emergence of a new way to submit documents through the use of the public services portal, similar opportunities for obtaining final court decisions, as well as electronic notification of the court session date.