The article is dedicated to the research of how information and telecommunication technologies are used in the legal procedure and of problems of development of e-justice in Russia. What is more, the topic of additional opportunities for the trial parties in civil law cases is covered as well. The authors have identified several problems connected to the development of e-justice and have suggested solutions, using video conferences in court proceedings. Recommendations are given in the article, as well as possible solutions to problems emerging in the process of development of e-justice in Russia.
Introduction: the issue of concluding a contract, as a non-momentary process, regulated by the general norms of the civil legislation of the Russian Federation (Article 432 of the Civil Code of the Russian Federation), is still debatable in both scientific and practical terms. Such a phenomenon is caused by the absence in the legislation and the lack of consolidation of the dynamics of the stages of concluding a civil contract as a single process, whose end result is perfection (the effective time of the contract), which generates the emergence of mutually defined rights and obligations of the parties to the contract. The identification of modern trends, the analysis of the development of the science of civil law on the issues of the dynamic process of concluding a contract, the disclosure of the imperfections of modern formulations of the civil legislation is the purpose of the study. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: the study analyzes the pre-revolutionary, Soviet and modern understanding of the civil legislation provisions for the concluding a contract, in particular, determining the time of its conclusion and the emergence of the rights and obligations of the parties. The revealed doctrinal understanding of the time of concluding a contract, set out in the results of the scientific research of civilists of various periods, allowed us to find that the process of concluding a civil contract is a stepwise process. At various stages of its conclusion, the roles of the parties have specificity due to the time of the will of the party entering into the transaction. Conclusions: the scientific theses on the conclusion of a civil contract, formulated by pre-revolutionary and Soviet civil law, at the present stage of development of the economic system, introducing more and more means and technologies of information and communication interaction, do not have relevance for current participants in civil turnover. The author has formulated the proposals for the modernization of the civil legislation of the Russian Federation aimed at leveling the issues of the stages of concluding a contract, and reflecting its ultimate goal – the time of entry into force of the contract (perfection).
Introduction: civil legislation, as litmus of the economic relations that have developed in society, fixes the most well-established and frequently implemented legal relations. At the same time, the “mobility” of civil circulation, its digitalization, the emergence and application of new objects of civil rights, new groups of property relations dictate modifications, selective transformation of certain provisions of civil legislation. The deliberation and slowness of the legislator in carrying out reforms are the guarantor of the stability of civil circulation. The situation with a non-defined civil law agreement, the carsharing agreement, is different. In the conditions of well-established applied practice, the approaches developed by legal science, the formed heterogeneous case practice, the legislator has not yet determined the legal fate of contractual carsharing relations. The justification of the normative consolidation of the legal nature of the carsharing agreement, its essential conditions and content to achieve unity of practice and law, is the purpose of this study. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: new civil legal relations, which are not regulated by the legislator, known as carsharing, are currently interpreted through the prism of analogy in the framework of dispute resolution, by classifying carsharing as the closest legal relationship. The judicial practice reviewed and analyzed in the paper makes it possible to determine the trends of the law enforcer, developed at the level of case law, which, at the same time, do not correlate with the opinion of the representatives of the scientific sphere. The author has identified the following approaches to determining the legal essence of the carsharing agreement and its place in the system of civil contractual relations: 1. The carsharing agreement has all the features of the rental agreement; 2. Carsharing relations should be regulated by the norms of the civil legislation on the lease of a vehicle without a crew; 3. Carsharing relations are of a mixed nature, but tend more towards service relations. Conclusions: the existing heterogeneous judicial practice does not allow coming to an unambiguous interpretation of carsharing relations, determining the essence and place of the studied relations in the system of civil law. Due to the frequent applicability of the carsharing agreement among consumers, its popularity, the author believes there is an urgent need to overcome the legal vacuum in the civil legislation and fix the concept and essential terms of the carsharing agreement in such a way as not to “stifle” new civil legal relations. In the process of lawmaking, when determining the fate of the carsharing agreement, the legislator must resolve a number of controversial issues: what is the legal nature of the carsharing relationship; is the carsharing contract a public contract; what are the limits of the principle of freedom of contract when establishing the rules for using a vehicle; the method of concluding the carsharing agreement.
Introduction: the private law protection of consumer interests in modern trade relations is represented by a wide range of various tools that allow consumers to adequately protect their rights and restore justice. At the same time, the specifics of trade relations, whose subject is a passenger car intended for use for personal household purposes, and having the characteristics of a complex technical product, in some cases, due to the technical and legal illiteracy of the consumer, put consumers in a less favorable position as the least protected party. The purpose of the study is to identify current trends in judicial protection and self-defense of the rights of consumers as a party to the contract of purchase and sale of passenger cars. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. Results: the study analyzes the law enforcement materials over the past 2-3 years, identifies a cluster of the most relevant court proceedings arising from the protection of consumer rights when selling passenger cars (the disputes about setting deadlines for which it is impossible to use a passenger car for its intended purpose due to the need for repair work, the disputes about the conditions, the place and time of the technical inspection and maintenance of the car). The author expressed his opinion about the potential possibilities of using interactive information platforms to verify information about a product as a means of self-protection of consumer rights when buying and selling cars. Conclusions: the author insists on using a “flexible” approach in the field of application of the legislative norms when setting the deadlines for technical / repair work to eliminate malfunctions, and to count the entire period of the car’s stay on the territory of the service station within the specified period (currently, the judicial practice has taken the path of setting off only the time of the actual labor costs for repair work in the specified period according to the working schedule at the service enterprise). The author supports the position of the courts, which does not attach exceptional importance to the place and time of warranty repair and maintenance, and the protection of the interests of the consumer is not conditioned by the imperative requirements implanted in the service book. In the field of self-protection of the rights of car buyers, the author recommends wider use of the modern information platforms presented on the official websites of the state agencies, and the information obtained from these interactive platforms should be supported by the contract itself as its integral part.
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