Отдельные вопросы перспективы использования «электронного правосудия»: опыт Российской Федерации и зарубежных стран

Abstract

The article addresses the peculiarities of digitalization of Russian justice and the problems arising in the course of this process. Exploring the “electronic justice”, the author analyzes the domestic specifics of its legal regula-tion, focusing in detail on such problematic aspects as the definition of the essence and features of the desig-nated concept, and also considers the status of electronic evidence, after which he compares them with similar institutions in a number of foreign countries, including European countries, India, as well as China. Separately, the author examines international acts on the regulation of the digitalization of justice. The study shows the im-portance of introducing digital institutions into the practice of law enforcement. Digitalization of judicial pro-ceedings, the objective consequence of which is the introduction of both individual technological innovations and, in general, the transition to electronic justice, necessitates the reform of classical and the creation of fun-damentally new judicial institutions. Based on the generalization of issues of legislative regulation and the practice of applying international and the experience of some foreign countries, the author justifies that it is quite possible to use certain different elements of electronic justice in domestic legal proceedings, for example, the creation of specialized judicial structures by analogy with the Chinese judicial authority, whose jurisdiction includes Internet disputes.