The aim of the work is to identify gaps in the regulatory framework containing the rules and procedures for the actions of persons participating in the civil law process, in the presence of external factors, namely, during a pandemic, in order to improve procedural legislation based on the relevant experience of different countries. When conducting a study of legislation, judicial acts regulating the possibility of administering justice under quarantine conditions, general scientific methods of analysis, synthesis, generalization, forecasting, as well as specific scientific methods - comparative legal, formal logical, forecasting, were used. The regulatory framework, acts of courts regulating the issues of administering justice in conditions of self-isolation were analyzed. The features of the impact of the pandemic on judicial activities in Russia, in the Republic of Kazakhstan, in the European Union, as well as in the UK were revealed. Remote means of communication with the court were investigated, as well as consideration of a court case in a civil law process using the means of online interaction. In Russia, the pandemic, along with the use of electronic justice through the systems Moy Arbitr and Pravosudie, became an incentive for the introduction of online meetings in arbitration courts, various types of web conferences. In the Republic of Kazakhstan, quarantine measures became the reason for the greater use of the TrueConf service, the mobile courtroom. The European Union increased the interaction of courts in a distance format with the help of the European eJustice portal. The UK is distinguished by its progressive approach to the legislative settlement of the circumstances associated with remote proceedings. The tasks of electronic justice are set, which must be solved by Russia in an emergency situation. In conclusion, the authors infer that the pandemic had an impact on the introduction of new information technologies in the civil process. The technical component of e-justice is important, but it is impossible to ensure its implementation without fixing the procedural rules in the relevant codified sources. Despite the fact that the legal proceedings in Russia are at a high level and an example in this issue for other countries, it is necessary to refer to the experience of the Republic of Kazakhstan, where a special mobile application TrueConf was developed, which does not require stationary equipment and is more accessible to citizens without contacting specialists. As for the UK, in the authors' opinion, it is worth paying attention to the responsiveness of the legislature regarding the issues that need to be resolved in order to normalize the work of the judicial system in emergency situations during the pandemic.
The relevance of the work is due to the need to analyze and comprehend the institution of professional judicial representation in the light of the implementation of the right of legal entities to judicial protection. The results of the work are presented in the form of theses on the restriction by the current arbitration procedural legislation of the corporation’s right to participate in court cases in the aspect of the principles of civil procedural law. The authors come to the conclusion about the need for more flexible legal regulation of the institution of judicial representation in order to ensure guarantees of access of legal entities to justice.
The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.