Legal regulation of the distribution of cases in courts: content, implementation, problems and areas of improvement

Abstract

The subject of the research of this article is the legal norms regulating the features of the use of automated systems for the distribution of cases in courts, as well as law enforcement practice for the organization of such activities. The object of the research is procedural relations arising during the use of this system in the judicial proceedings of the Russian Federation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems of the activity of courts in the application of the mechanism of automated distribution of court cases are identified. The author substantiates that it is necessary to improve legislative acts aimed at court using an electronically automated system for the distribution of court cases. Author talks about the problems of legalizing organizational rules that fix the automated procedure for the distribution of cases in courts and the distribution of the judicial burden. Considers it necessary to create a full–fledged procedural and legal mechanism for the automated distribution of cases in courts to supplement the norms of the current legislation in the relevant part with cases of impossibility of using automated equipment, as well as rules of a different order of distribution of cases. The result of the work is the original author's suggestions and recommendations that form the novelty of the work. In particular, the adoption of the Federal Law "On Judicial Workload" has been proposed, proposals have been developed in the form of draft articles on amendments and additions to the procedural codes of the Russian Federation regarding the establishment of promising directions for the formation of the composition of the court using an electronically automated system for the distribution of court cases having a "flexible" nature. Modeling which the author used the formal legal method, analytical, logical and other methods of scientific cognition.