Online Court Research Articles

DIGITALIZATION OF THE COURT SYSTEM OF THE REPUBLIC OF UZBEKISTAN

Objective: This article explores the digitalization of the judicial system in the Republic of Uzbekistan, focusing on its stages, the enhancement of judges' IT knowledge, and the integration of information technologies to improve judicial transparency and efficiency. Methods: The study employs widely accepted research methods including objectivity, historical analysis, comparative-logical analysis, and chronological sequence principles to examine the ongoing transformation. Results: The digitization process, exemplified by the "Adolat" information systems complex, has significantly improved judicial operations. Through this system, various stakeholders, including state authorities, local government bodies, and lawyers, can submit and monitor claims electronically, enabling online court proceedings and automatic generation of court documents. This process enhances the transparency, speed, and accessibility of the judicial system. Novelty: The article highlights the innovative use of digital technologies in judge selection, training, and appointment, ensuring impartiality and promoting transparency in judicial evaluations. The integration of information systems between state bodies and the judiciary has led to increased efficiency in the justice system. The findings underscore the transformative potential of digitalization in meeting the demands of modern justice, improving public satisfaction, and ensuring the independence and fairness of the judicial process.

Revolutionizing family courts: Catalysts for reform and the transformative role of technology

AbstractThis article examines the multiple inter‐connected and interacting catalysts for past, current and future family court reform. We then, with deep humility and quiet ambition, contemplate the next 50 years and hypothesize about future court reform which we predict will focus on technology. We observe how what was once a fanciful idea for family courts (such as electronic filing and online court events) is realistic today. We contend that, in a similar vein, the technological reforms postulated in this article (such as judgment writing assisted by artificial intelligence) may become the reality of the future.

Psychological aspects of using online communication in court proceedings

The article is devoted to psychological aspects of using online communication in court. It is noted that in connection with the development of new information technologies, the Russian legislator has in increasingly begun to introduce into court proceedings such methods of communication between the court other participants in the process, such as video conferencing. This indicates the relevance of the research topic and the need to consider the question of how distance technologies are changing communication in court. The author analyzes negative psychological aspects of online court sessions. Taking into account the existing specifics of modern video conferencing the question is raised about feasibility of developing psychological skills of lawyers.

Application of information technology in judicial field: The development model of online litigation in China

Applying communication technology to the judicial field can improve litigation efficiency and reduce judicial costs, which is the direction of judicial system development. China's online litigation has achieved rapid development in recent years, establishing a nationwide unified online litigation platform and putting it into practical operation. However, it also faces some questions and challenges. This article analyzes the construction mode of China's online litigation platform “Mobile Micro Court” and the fairness of access to the online court based on its actual operation. This article argues that when building online litigation platforms and setting up online litigation rules, it is necessary to adhere to the parties-oriented approach, making it the primary goal of online litigation to facilitate access to justice and prevent online litigation from being alienated as a tool for courts to improve work efficiency. The analysis of the development model of online litigation in China can provide a reference for other countries to develop online litigation systems.Online litigation; Access to justice; Information technology; Mobile micro court; Parties-oriented

Цифровизация гражданского судопроизводства Англии

Introduction: England is going through a period of radical reform of the civil justice system. A new landscape of digital dispute resolution is advancing, based on the idea that the transition from ‘paperbased’ resolution of legal disputes in physical courts to an online environment will help meet the dual requirements of expanded access to justice and significantly reduced system costs. As noted by the English authors, now the country has a semi‐digital justice system and hybrid ways of working. Supporters of the reforms define the current system as unstable and consider growing digitalization to be the only realistic solution. Purpose: to form an idea of the digitalization of civil proceedings in England based on analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legaldogmatic and the method of interpretation of legal norms. Results: the conducted research has shown that a modernization program is currently being implemented in the courts of England and Wales, focused on the transition from traditional ways of working to the use of digital methods. There have been created various pilot schemes aimed at improving access to justice, at facilitating preliminary resolution of disputes and resolution of disputes at early stages, at reducing the number of claims reaching the court, at increasing the economic efficiency of civil proceedings and judicial efficiency. Judicial reform has been carried out by the UK government for more than 25 years. But the civil justice reform program, with its commitment to digitalization and online process, began in earnest in 2014, when the Ministry of Justice announced that Her Majesty's Courts and Tribunals Service (HMCTS) would implement a reform program the central element of which would be the use of information technology, including online processes, to facilitate dispute resolution. The concept of online court was to create a convenient online system for processing simple monetary claims with a value not exceeding 25,000 pounds. Conclusions: in 2023, the following digital technologies were widely used by UK courts: video hearings (at the discretion of the court); creation of electronic packages of court documents (e‐bundles) and electronic filing of court documents; electronic communication between the parties and the court; online portals for processing various forms of claims; creation of an online system of protocols of preliminary actions (Pre Action Protocols), called online PAPs. Currently, various claim portals designed to handle claims of various types are operating or undergoing pilot testing in the country: the Online Civil Monetary Claims (OCMC) portal (processing of claims for a certain amount of money limited to 25,000 pounds); the Damages Claims Portal (DCP) (processing of claims for damages in the district court); Official Injury Claim (OIC) portal (processing of accident injury claims). An important event was the creation of the Online Procedure Rule Committee (OPRC) in accordance with the Judicial Review and Courts Act 2022. This law created the basis for the development of new, simplified Rules for online services in civil, family, and arbitration proceedings. The Recommendations of the UK Jurisdiction Taskforce (UKJT) should also be taken into account with regard to the use of blockchain technologies in legal proceedings and judicial practice on this issue. The final report of the UKJT was published on June 28, 2023. The final position of the UKJT was to support common law as the primary means to be used to resolve claims against cryptocurrencies.

Necessity of Online Dispute Resolution (ODR) in Family Matters and Legal Implementation of Online Court System

Technology is transforming Alternative Dispute Resolution (ADR). Defying long-held assumptions that developing empathy, broadening understanding, and coming up with solutions are only possible in person, effective approaches for assisting in the resolution of the growing number of arguments that have developed online have emerged. Technology has become the "fourth party" in settling disputes, thanks to the developing field of Online Dispute Resolution (ODR), which includes the use of technology and computer-mediated communication (CMC) in negotiation, mediation, arbitration, and other dispute resolution processes. ODR is being used by courts in numerous countries for family-related matters. The expectations and duties that are placed on the ODR community and its practitioners are examined in this research, which uses a qualitative technique. In particular, the study emphasizes the importance of ODR in resolving family disputes, critical moral standards for the technology used in ODR, and critical moral standards for the technology used in ODR, and makes suggestions for how Pakistan's judiciary can enhance its current online court model to facilitate greater access to justice and speed up the entire adjudication process. The paper also offers ideas on how the judicial system might continue to disseminate information with integrity, quality, and promptness.

Online Courts and Private and Public Aspects of Open Justice: Enhancing Access to Court or Violating the Right to Privacy?

As the technological revolution takes over the world, the justice system is also susceptible to change. The Online Court of England and Wales (‘OC’) is an example of such a step taken in that direction. However, some argue that this has vast implications on access to justice for the ‘digitally excluded’ or the Litigant-in-Persons (LIP). While this argument is warranted, it fails to address the two essential implications of Online Courts: First, the potential of online courts to enhance access to justice by legally empowering LIPs along with enhancing access to court for them (Private Aspect of open justice). Further, such access to court is enhanced for the general public and the media (Public Aspect of open justice) alike. Secondly, the threat of uncontrolled access to online proceedings facilitated by modern avenues like ‘live-streaming’ and ‘live-tweeting’, turning justice into a disruptive one. This article argues that OC is better placed at improving access to justice issues than physical courts, by enhancing both the private and public aspects of open justice. However, enhancing the public aspect also poses major threats to the Right to Privacy of individuals. Further, this article argues that a more nuanced approach towards a future technology-focused justice system needs to balance the public aspect of the open justice principle with the Right to privacy. Hence, this article suggests that regulative and accountability measures like ‘penalty point systems’ should be placed right from the outset to prevent any leakage of sensitive data prompted by uncontrolled access to online courts.

Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era)

The Covid-19 pandemic situation which is very dangerous and experienced by all citizens of the world limits all forms of activities in the community. This activity restriction also directly limits the direct interaction of each community. All forms of activity are restricted except regarding activities within the court itself. The courts and trials that should be held directly and open to the public have had to change due to circumstances that are not possible. This court then turned into an online court or commonly known as e-court. The court with the e-court system allows for each of those who served in the trial itself to be carried out online or online. Departing from the existing problems, researchers are interested to make it as research material this time. Looking at the effectiveness of e-court during the Covid-19 pandemic, it became the main goal in this study which was accompanied by polemics or problems that occurred a lot with the implementation of e-court. The writing method on this occasion is a literature study method which will be more emphasized on the use of reading books, related literature, and data collection. This study resulted in a new thought that the implementation of e-court can not be implemented as a whole. The enforcement of this trial or trial must still be accompanied by a non-electronic or conventional trial or trial. Electronic courts have not been fully able to certify the evidence in the trial, especially in the Administrative Court. This electronic justice is still in doubt, especially in terms of the validity that occurs in the evidence itself. This study is expected to be able to make a reference to the legislation after this to strengthen the parts in the judiciary online, especially in electronic evidence

ONLINE DISPUTE RESOLUTION PILOTS IN ENGLAND AND THE JUDICIAL REVIEW AND COURTS ACT 2022

The current task of the Russian legislature in developing new procedures for dispute resolution using modern technologies is to apply the latest experience of advanced foreign countries in this sphere. The UK is undoubtedly one of these countries. The UK’s experience in digitizing its own justice system and establishing an online court is the focus of this article. It analyzes the concept of online courts in the UK, various pilots in this field, as well as the Judicial Review and Courts Act 2022, which enshrined a number of provisions regarding online procedures; it identifies some shortcomings of the concept of online procedure and pilot projects. Purpose: based on the analysis of pilot projects reports, regulations and scientific sources to form an idea of the formation and development of online dispute resolution (ODR) procedure in courts and tribunals of Great Britain. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Such specific scientific methods as legal-dogmatic and interpretation of legal norms are used. The study reveals that, against the background of austerity, justice in England and Wales is changing significantly through the use of technologies, which begs the question: are the fundamental principles of due process being lost in the pursuit of modernization and efficiency? The attempt to digitize the UK’s justice system involves the creation of an online court, the feature of which is mediation built into the procedure as part of dispute resolution. It is expected that the online court will become a mandatory forum for resolving cases within its jurisdiction and will initially deal with money disputes of up to £25,000. However, the issues of access to justice for all categories of citizens and the openness and transparency of justice have not yet been resolved.

Online Court Problems During the Covid-19 Pandemic and Its Impact on Advocates in Providing Legal Assistance to Clients

The World Health Organization (WHO), declared the outbreak of the spread of Covid-19 as the first and foremost health crisis pandemic in the world. Due to the pandemic, human life has changed including legal services provided by advocates where there are rules regarding online trials during the Covid-19 pandemic. This study uses empirical juridical research methods or field research, namely examining applicable legal provisions and what is happening in reality in society. The problems in this study are: 1. What are the advantages of online trials during the pandemic according to advocates in providing legal assistance to clients? 2. What are the shortcomings of online trials during the pandemic according to advocates in providing legal assistance to the clients? The results show that the advantages of online trials according to advocates include: 1. More practical and easier for the trial because it does not have to be present in court. 2. It is more efficient because case information is in one account. 3. More cost-effective while the disadvantages of online trials according to advocates include: 1. Signal interference and technological devices. 2. Lack of effective law enforcement. 3. Violating the provisions of procedural law in proving. So far, the law has always been far behind in the development of community needs, so progressive law is more open and responsive to changes and is not bound by written law. In this case, the law must be placed in the whole of humanity. Thus, the role of judges is more to ensure the fulfillment of community needs for justice and welfare. This means that the existence of the law should reflect the standard of what is good and bad, fair and unfair.
 Keywords: online courts, advocates, pandemic Covid-19

Pembaharuan Hukum Acara Pidana Tentang Persidangan Online Dalam Keadaan Darurat

In 2018 the Supreme Court launched an electronic court service system (E-Court) and a year later an online court system or E-Litigation was formed which is part of the E-Court. This E-Litigation system was only implemented for criminal trials when Indonesia entered a Health Emergency status due to the spread of the COVID-19 virus which created large-scale social restrictions (PSBB) in 2020, through Supreme Court Regulation (Perma) Num.. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. With the form of juridical-normative research method, this research looks for data by studying literature in the form of legislation and related literature. The results of this study indicate that Perma No. 4 of 2020 which has imposed E-Litigation on criminal cases as a whole has substance that is not only related to administrative matters (registrars) of criminal case trials but has also influenced basic norms in criminal procedural law as regulated in the Criminal Procedure Code

Public View of Public Health Emergencies Based on Artificial Intelligence Data.

In the current environment where the network and the real society are intertwined, the network public view of public emergencies has involved in reality and altered the ecology of communal public views in China. A new online court of influence has been created, and it affected the trend of events. As the main type of public emergencies, public health emergencies are directly related to people's health and life insurance. Therefore, the public often pays special attention. At present, correct media guidance plays an irreplaceable and important role in calming people's hearts and stabilizing social order. If news and public view are left unchecked, it is likely to cause panic among the people. However, in reality, public view research has always been a research object that is difficult to intelligentize and quantify. Based on such a realistic background, the article conducts a research on public view of public health emergencies based on artificial intelligence data analysis. This study designs an expert system for network public view and optimizes the algorithm for the key problem: SFC deployment. Finally, the system was put into real news and public opinion research on new coronavirus epidemic prevention, and experimental tests were carried out. The experimental results have shown that in the new coronavirus incident, the nuclear leakage incident, and the epidemic prevention policy, the data obtained by the public through the Internet are 50%, 68.06%, and 64.35%, respectively. For the system function in this study, both ICSO and IPSO are far better than the optimization results of CSO and PSO. For most of the test functions, IPSO is better than ICSO's optimization results, which better fulfills the needs of the research content. This study will make an in-depth analysis of the evolution process of online public opinion on public emergencies from the macro-, meso-, and micro-perspectives, in order to analyze the dissemination methods and internal evolution mechanism of various public emergencies of online public opinion, which provides countermeasures and suggestions for the government to guide and manage network public opinion.

Civil Revolution: User Experiences with British Columbia’s Online Court

British Columbia’s new Civil Resolution Tribunal [CRT] is a primarily online dispute resolution system that has attracted international attention for its innovative approach. But so far there has been little independent research on the effectiveness of the CRT and similar online dispute resolution initiatives in providing access to justice. In a qualitative and exploratory study, we surveyed 49 British Columbians who had used the CRT about their experience with the process. Overall, the results suggest that the CRT has improved access to justice, but the survey answers also identified problems and concerns, for which we suggest potential solutions.

The English Online Court

The English Online Court

“Tighten, Cull and Focus”: An Experiment Examining Lay and Lawyer Claims in a Mock Online Court

Governments are turning to online self-help courts in an effort to cut costs, increase access to the justice system, and, in response to the global pandemic, to reduce physical contact. But to what extent do these courts support pro se or self-represented litigants? This article reports a laboratory experiment which compared how laypeople (pro se) and lawyers explained the same justiciable problem in a mock online court portal. Retired judges also evaluated a subset of blinded claims and provided opinions on their quality. The study found that the overall quality of laypeople’s claiming was lower than lawyers but there were outliers: both high-quality lay-filed claims and low-quality lawyer-filed claims. Laypeople were not as good at reporting legally salient details and showed confusion about corporate responsibility. When laypeople did report legally salient detail, they sometimes did so without a clear purpose or did so unclearly, confusing the reader. The quality of lawyer-filed claims varied and some created overly complex claims that would be uneconomic to litigate. We suggest that designers of online courts can use the evidence from this experiment, and future research like it, to build interfaces that will assist pro se or self-represented to more clearly explain their disputes.

Особенности производства в арбитражном суде первой инстанции

The article contains some comments on the legal positions stated in the Decree of the Plenum of the Supreme Court of the Russian Federation No. 46 dated December 23, 2021, as well as on novelties in the regulation of arbitration web conferences. The Decree points the participants of procedural relations to the need for conscientious implementation of their rights and obligations in the conditions of an adversarial process. It also indicates their obligation to apply the consequences of abuse of procedural rights. The emphasis on the risky nature of procedural relations stimulates the application of liability measures and encourages participants to exercise their rights and obligations. The categories of "other economic activity" and "dispute on the right to real estate" underlie the competence of arbitration courts but remain unclear. The author criticizes the decisions of the Plenum to lower the requirements for qualifications of legal representatives and formalize their powers in technical actions. The fact that a contractual representative has to apply for admission at each court session contradicts the principle of procedural economy and the legal nature of the procedural legal relationship. The article also reviews the amendments to the Arbitration Procedure Code of the Russian Federation in terms of online court sessions.

Судебные онлайн-заседания как форма реализации права на судебную защиту

The article is devoted to the analysis of the procedure of online court sessions in the context of the implementation of the constitutional right to judicial protection. In particular, the author examines the problem of the use of unregulated private programs and videoconferencing services by courts. The author concludes that the use of such programs and services is associated with several significant risks, in connection with which the question of their use should be brought up for discussion by the persons involved in a particular case. It is proposed to fix directly in the legislation the consequences of the impossibility of participating in an online court session for technical reasons.

Transformation of the State Judicial System through E-Court System in Banda Aceh State Administrative Court

State Administrative Courts have existed since 1991, public and state trust in this court is getting bigger and bigger. This requires the judiciary to be able to balance its functions and technology in accordance with these developments. So that electronic justice is very much needed at this time, and of course it must be supported by rules and implementing guidelines that are in accordance with the law. E-Court is sometimes considered a necessity as is the case with e-Commerce , especially the complex cases contained in the essential values ​​of justice, the world of justice must also ask for electronic assistance for the smooth running of the judiciary. As will see the authenticity Beschikking needed electronics. So, it is necessary to know the readiness of the Banda Aceh State Administrative Court in dealing with all of this. As a sample location for this study. There are several things that are the focus of this research, namely the use of technology in the justice system towards a Simple, Efficient and Affordable online court system (e Court), forms of judicial transparency, and how the electronic justice process is in accordance with applicable legal rules. Keywords: Judiciary, Electronic, e-Court online trial DOI: 10.7176/JLPG/118-09 Publication date: February 28 th 2022

Zooming In: Courtrooms and Defendants' Rights during the COVID-19 Pandemic.

COVID-19 placed unprecedented strains on criminal court systems, necessitating moves to digital platforms with little preparation. To study the influence of virtual courtrooms on defendant rights (e.g. effective assistance of counsel, speedy and public trials, among others), we qualitatively analyzed the journals of 44 student court watchers, documenting their observations of online court proceedings in a single state in the Northeastern United States. We find that virtual courtrooms are highly disorganized and fraught with technical malfunctions, compromising defendants’ appearances online, and impeding their ability to confer with counsel and address the court. Defendants with less access to digital platforms and incarcerated individuals are disproportionately impacted. Further, court actors tend to treat virtual court in a casual manner and are often unprepared to litigate cases, resulting in undue delays, and extended periods of pre-trial detention. Policy recommendations to improve technologies and administrative procedures are discussed.

ANALYZING TRIALS THROUGH ONLINE MEDIA DURING THE COVID-19 PANDEMIC IN INDONESIA

The Corona Virus (Covid-19) pandemic is a challenge for humans to transform life activities, so that people have to adapt to changes in human activities, along with the addition of positive cases of the Covid-19 corona virus, the government enforces the Work from Home (WFH) policy. Likewise, the judicial apparatus must carry out its obligations to carry out trials, with the existence of online court media being an alternative in conducting virtual trials/teleconferences, this is a new breakthrough in conducting trials. So that people get justice and the right to get a legal process
 
 Keywords: the judge, online media, Corona Virus (covid-19)