Influence of digitalization on the implementation of the principle of publicity of justice
Автор: Petrishin A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (55), 2019 года.
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Currently, the subject of many discussions among theorists and law enforcers are issues of publicity and openness of justice, especially in the trends of digitization of the judicial process and the development of technology. In addition, the use of information technology in the administration of justice is not an end in itself, it is necessary to implement the tasks of justice enshrined in the current Russian legislation. The article analyzes the advantages and problems associated with the implementation of the principle of public justice in the conditions of digitalization of legal proceedings, as well as the legal regulation of the use of electronic means of submitting documents and evidence to the court, notifying participants of the process using new means of communication. Problems of organizational support for the activities of courts and their influence on ensuring the principle of publicity of justice are considered. The purpose of this article is to reveal the problems in the implementation of the principle of publicity of justice through the application and use of modern technologies and devices, as well as to identify possible solutions to existing problems. Through a comparative legal analysis of the current legislation and law enforcement practice, the author identified such problems of implementing the principle of publicity of justice in digitalization conditions as: legislative deviation from the publication of the reasoning part of the court decision, restrictions on the broadcast of court sessions, the presence of gaps in the legal regulation of the audio protocol of the court session, insufficient material technical support of ships. The author suggested ways to solve the problems revealed during the study. For example, introducing changes to existing legislation, as well as attracting additional sources of funding in order to increase the level and quality of providing courts with technical and digital resources to maximize the principle of publicity of justice in its modern look.
Publicity, open trial, organizational support of the courts, electronic court proceedings, audio protocol, broadcast of the court session
Короткий адрес: https://sciup.org/14119987
IDR: 14119987