Implementation of the principle of competition in administrative proceedings when using information technologies

Abstract

The article is devoted to the study of the application of information and communication technologies in the context of ensuring the principle of competitiveness in administrative proceedings. The normative legal acts of the current legislation analyzed from the point of view of the requirements of the European Court of Human Rights regarding the provision of the principle of competition in administrative proceedings. To reveal the role of information technologies, general philosophical and special research methods of legal phenomena are applied. The relevance of the study is determined by the need to use information technologies, which allows to increase the efficiency of administrative proceedings, since this form of exercise of judicial power is designed to actively influence public-legal relations and protect the rights and interests of individuals and legal entities in the field of public legal relations. The use of information and communication technologies at the stages of filing a subpoena, presenting evidence and other information on the essence of an administrative claim is considered. The possibility of using an electronic form gives rise to the dispositive nature of the choice of the form of appeal to the court. The choice of legal remedy depends on the behavior of the plaintiff and the goal of obtaining access to justice. It is noted that the stage of preparing the case for trial requires active interaction between the parties and the court. The universality of the stage is characteristic for administrative cases of all categories, and the functionality is in ensuring the adversarial basis of the formation of the evidence base for the trial, where the behavioral direction of the adversarial principle manifested. It indicated that in a judicial proceeding regarding adversariality, the procedural actions of the parties are aimed at proving the position, which is manifested in the collection and presentation of evidence, which is an important competition technique for the parties. The technical means of implementing the principle of competitiveness and technological solutions provide for the open activity of the court to create an environment of trust, conscientious activity of the parties in the use of information technologies and submission of reliable evidence in electronic form.