Development of Digital Relations as a Leading Factor Providing Access to Justice

Abstract

Our paper considers the analysis of international legal and constitutional legal interpretation of the concepts of access to justice and justice availability, as well as definition of the importance of digital relations development to ensure access to justice. The objective of the paper is to determine the content of the concept of access to justice on the basis of generalization of international legal sources and decisions of the Constitutional Court of the Russian Federation, and to identify how development of digital relations affects access to justice, justice availability. The analysis of Russian and foreign legal and doctrinal sources showed that the concepts of access to justice, justice availability, ensuring access to justice are interpreted very ambiguously; the problems of access to justice are identified; it is proved that development of digital relations in the society inevitably affects digitalization of judicial procedures. It is demonstrated that the task of ensuring access to justice and justice availability is vested in the state in the form of constitutional and legal responsibilities; under development of digital relations the new approach to pretrial proceedings as a public service to ensure access to justice for citizens is rationalized; the paradigm of pre-trial as the initial stage of a judicial procedure ensuring access to justice is proposed.

Digital Transformation of the Prosecutor’s Office and Its Impact on Criminal Proceedings

“…A number of works are devoted to possible scenarios of digitalization of criminal proceedings [2][3][4][5][6][7]. Other studies touch on specific issues, including evidentiary law [8], [9], forensic support for the investigation of criminal cases [10].…”