The role of digitalization on the interaction of judicial and notarial authorities in conciliation procedures

Abstract

The article studies the issues of digital interaction between the court and the notary in the out of court conciliation procedures, which allows establishing new forms of protection of rights and legitimate interests of citizens and legal entities in resolving civil disputes. The author analyzes the possibilities of digital justice and derives the criteria for interaction between the notaries and the court when using mediation agreements concluded in a notarial form. The current state of the human rights activities of the electronic notary in certification of distance mediation agreements has been studied. The purpose of the article is to form an idea of new possibilities of the notary for notarizing remote mediation agreements and forming a promising platform for digital interaction between the notaries and the court, based on the analysis of legal acts and scientific sources. Among the methods applied are comparative legal, description, interpretation, and theoretical methods of formal and dialectical logic. Private-scientific methods including legal-dogmatic, and the method of interpreting legal norms were also used. The study showed that the remote execution of mediation agreements that have the status of enforcement documents, in the context of the increasing influence of digital technologies on the human rights activities of the court and notaries, is gaining importance in protecting the rights of subjects of economic relations, which provides an opportunity to reduce the burden on the court and save costly resources to reach consensus in a legal conflict for shorter time.