Abstract
The paper addresses some issues related to the application of evaluation categories of civil law in the consideration of disputes over the compensation for damages in the context of the “digitalization” of law. It is proposed to understand the “digital losses” as losses caused in the digital sphere, or related to violations of digital rights, which would otherwise be understood by the legislator and researchers, since this does not have any effect on the essence of the institution of compensation for damages. Anticipating criticism from legal theorists, we distinguish between the terms “concept” and “category”, but due to the fact that in literature and judicial practice the “evaluation concept” and “evaluation category” are used more often as synonyms, we are forced to turn to this particular option.
Highlights
From the beginning of the 1990s of the last century, it is possible to trace the gradual transformation of the Soviet civil process with its inherent inquisitional features into a modern “mixed” process with the prevailing principles of equality and adversarial parties
The Federal Law No 451-FZ “On amending certain legislative acts of the Russian Federation” of 28.11.2018 introduced a number of changes into the Arbitration Procedural Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation aimed at accelerating and simplifying the procedure for judicial proceedings, which was caused by the increase in the number of cases considered by courts and judges in the Russian Federation, the need to reduce the burden on the judicial system as a whole
Both principles and evaluation categories of civil law are filled with specific content through the evidentiary activities of participants in the civil process, which is regulated by the rules of the civil procedural law
Summary
From the beginning of the 1990s of the last century, it is possible to trace the gradual transformation of the Soviet civil process with its inherent inquisitional (investigative) features into a modern “mixed” process with the prevailing principles of equality and adversarial parties. The presented trends pose the need to discuss the principles of the civil process, search for a balance between various forms of process optimization (including informatization) on the one hand, and evaluation categories of law that do not have formal legal content.
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