Table 1
Directions of digital development of the Russian civil process.
| DIRECTIONS OF DIGITAL DEVELOPMENT | CHARACTERISTIC MANIFESTATIONS |
|---|---|
| Reflecting the openness of justice | Placement of information about the court, the progress of case and extra-procedural appeals on the Internet (with a gradation of the level of access for participants in proceedings and court employees) |
| Free and unlimited access to court practice materials | |
| Internet broadcasts from the courtroom | |
| Creation of an unified end-to-end information service for arbitration courts and general jurisdiction courts | |
| Aimed at the interaction of the court and the parties in the case | Submission of documents in electronic form, including interactive forms |
| Video conferencing and meetings through web conferencing (online meetings), simplification of regulations for them | |
| Implementation of the “Electronic File” service – information on the progress of the case, the possibility of remote access | |
| Audio and video protocoling with automatic transcription and transfer of the minutes of a judgment into text (voice recognition technologies) | |
| Compiling judicial acts in the form of electronic documents | |
| Development of predictive justice, automation and robotization of the consideration of the case (especially in the order of summary and writ proceedings), the introduction of artificial intelligence in the analysis of case materials | |
| Implementation of a special service based on artificial intelligence to predict the timing and results of cases | |
| The practice of an asynchronous or hybrid dispute escalation, presenting legal propositions in the format of video recordings or presentations | |
| Electronic judicial summons | |
| The practice of implementing an electronic complaint procedure and conciliations | |
| Use of digital evidence | |
| Aimed at ensuring the activities of the court and interdepartmental interaction | Automatic distribution of cases |
| Electronic letters of request | |
| Automation of the functions of the court administration (on the mailing of writ obligatory, materials for conducting a forensic examination) | |
| Implementation of the digital and engineering infrastructure of the courts | |
| Ensuring the protection of information, including personal data | |
| Creation of an electronic database of warrants of attorney and diplomas/certificates of legal representatives | |
| Integration of justice information systems with other state information systems |
[i] Source: Compiled by author.
Table 2
Abuse of procedural rights and measures to minimize them in the context of digital transformation of the civil process.
| TYPES OF ABUSE | SPECIFIC LEGAL MALPRACTICE | MINIMIZATION MEASURES, COUNTERMEASURES |
|---|---|---|
| Abuses using the online court session system | The choice of software for the harm-doing to the opposing party | Implementation of a unified service for all trials via web conferences |
| Denial of right | ||
| Footdragging of the case (failure simulation, hacking, default in appearance and ambages) | IT support | |
| Assignment of procedural risks to unfair persons | ||
| Availability of grounds for refusal to satisfy petition for transfer to online court session | ||
| Criterion of timeliness | ||
| Use of unreliable and counterfeited evidence | Sending written materials separately, in electronic form (with a preliminary visual check by specialists) | |
| Denial of right | ||
| Substitution of representative | User authentication | |
| Abuses with the implementation of electronic document management | Contradictory procedural behavior (declaration of multiple and (or) frivolous petitions with subsequent revocation) | Procedural estoppel |
| Filing applications not on one’s own behalf | Assignment of litigation costs (compensation for lost time) | |
| Usage of enhanced qualified digital signature | ||
| Authentication | ||
| Presentation of storage medium that cannot be read | Setting of a legally defined list of storage medium | |
| Denial of right |
[i] Source: Compiled by author.