Realia and prospects of civil E-justice legal regulation

Abstract

The purpose of the study is to reveal collisions and gaps of legislative framework containing rules of digital technology application in the administration of civil justice to highlight the prospects for unification of the procedural legislation. In the course of the study of legislation regulating application of digital technologies within civil procedure, we had been employing general scientific methods of analysis, synthesis, generalization, forecasting, as well as private scientific cognition methods, such as comparative-law, formal logic, a theoretical model design. The method of intellectual design is of high scientific novelty. It is aimed at interrelated review of both available programs in e-justice (GAS "Justice", "My arbitrator", "E-guard") ones approved to be introduced into the judicial practice (Integrated Information System of General Courts (IIC GC)). Results. We had analyzed a regulatory framework for civil e-justice. We had revealed some conflicts between the law and departmental acts, as well as non-consistency of the provisions of the Civil Procedure Code of the Russian Federation, Commercial (Arbitrazh) Procedure Code and Administrative Procedure Code on the same issues. The reasons for imperfection of the legislation regulating electronic procedural relations had been set. The conclusion highlights the prospects for reform of e-justice legislation and suggests to apply interactive procedural papers.