The impact of the digitalization of the procedural form on the civil process
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| Title: | The impact of the digitalization of the procedural form on the civil process |
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| Authors: | Yu. A. Kondyurina |
| Source: | Правоприменение, Vol 9, Iss 2, Pp 140-147 (2025) |
| Publisher Information: | Omsk State University, 2025. |
| Publication Year: | 2025 |
| Subject Terms: | online communication, procedural form, principle of the civil process, civil process, new technologies, artificial intelligence, digitalization, Law |
| Description: | The subject. The impact of online communication technologies used in the civil process on its procedural form is analyzed.The purpose of the study is to assess whether the introduction of digital tools corresponds to the basic principles of the civil process, its principles, and how this may affect compliance with the civil procedural form.Methodology. The author uses systemic approach to interpretation former legal studies concerning issues of digitalization of civil procedure. Formal legal analysis of Russian legal acts is applied also.Main results. The author substantiates of the necessity of analyzing the introduction of new technologies into the civil process from the standpoint of the effectiveness of achieving the purpose of justice. Modern technologies provide a huge or even endless range of possibilities, and not all digital tools are necessary for the civil process. The possibility of fully remote participation in court proceedings entails some "dying out" of procedural rituals, which simplifies the civil procedural form. Any implementation of digital tools should be evaluated in terms of the effectiveness of achieving the goal of justice, which is to protect a violated subjective right or legally protected interest.Conclusions. In the context of the digitalization of the civil process, remote forms of participation in court hearings transform the procedural framework, simplifying and optimizing it. These changes are enhancing the transparency and accessibility of justice, being largely technical in nature. These changes do not affect the achievement of the main goal of justice – the protection of violated or disputed rights, freedoms and legitimate interests. |
| Document Type: | Article |
| ISSN: | 2658-4050 2542-1514 |
| DOI: | 10.52468/2542-1514.2025.9(2).140-147 |
| Access URL: | https://doaj.org/article/e2c89d76b72d49a29c02f748eaaaf57c |
| Rights: | URL: https://enforcement.omsu.ru/jour/about/editorialPolicies#openAccessPolicy |
| Accession Number: | edsair.doi.dedup.....1fc36ff7c4a61494bed80df9388e6478 |
| Database: | OpenAIRE |
Nájsť tento článok vo Web of Science | Abstract: | The subject. The impact of online communication technologies used in the civil process on its procedural form is analyzed.The purpose of the study is to assess whether the introduction of digital tools corresponds to the basic principles of the civil process, its principles, and how this may affect compliance with the civil procedural form.Methodology. The author uses systemic approach to interpretation former legal studies concerning issues of digitalization of civil procedure. Formal legal analysis of Russian legal acts is applied also.Main results. The author substantiates of the necessity of analyzing the introduction of new technologies into the civil process from the standpoint of the effectiveness of achieving the purpose of justice. Modern technologies provide a huge or even endless range of possibilities, and not all digital tools are necessary for the civil process. The possibility of fully remote participation in court proceedings entails some "dying out" of procedural rituals, which simplifies the civil procedural form. Any implementation of digital tools should be evaluated in terms of the effectiveness of achieving the goal of justice, which is to protect a violated subjective right or legally protected interest.Conclusions. In the context of the digitalization of the civil process, remote forms of participation in court hearings transform the procedural framework, simplifying and optimizing it. These changes are enhancing the transparency and accessibility of justice, being largely technical in nature. These changes do not affect the achievement of the main goal of justice – the protection of violated or disputed rights, freedoms and legitimate interests. |
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| ISSN: | 26584050 25421514 |
| DOI: | 10.52468/2542-1514.2025.9(2).140-147 |