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Organizational and Legal Models of Judicial Activity in the Conditions of Platformization of Justice: Experience of Russia and the Other BRICS Countries
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Organizational and Legal Models of Judicial Activity in the Conditions of Platformization of Justice: Experience of Russia and the Other BRICS Countries
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.119
Publication type
Article
Status
Published
Authors
Maxim Chizhov 
Occupation: Associate Professor at the Department of Organization of Judicial and Law Enforcement Activities
Affiliation: Russian State University of Justice
Address: Moscow, Russia
Elena Burdina
ORCID: 0000-0001-5431-7634
Occupation: Head of the Department of Organization of Judicial and Law Enforcement Activities
Affiliation: Russian State University of Justice
Address: Moscow, Russia
Edition
Volume 27 No. 10
Pages
116-129
Abstract

The introduction of platform solutions into judicial activity qualitatively changes almost all judicial institutions and phenomena, inevitably leads to the emergence of new, due to the possibilities of digitalization of organizational and legal forms of judicial activity.

The problem of identifying the nature, distinctive features generated by the platformization of justice, digital courts in modern science has been little studied. In this regard, there are serious difficulties in answering many theoretical and applied questions, in particular: is the court a building or a digital platform? Can digital platforms change the content of the principles of justice? Who is responsible for the error of judicial services? Do judicial platforms pose a threat to the independence of the judiciary? Is reconciliation part of the judicial procedures? The article attempts to provide answers to the questions posed, which develops the theory of judicial systems in modern conditions of digital transformation.

The purpose of the study is to theoretically substantiate new organizational forms of judicial activity related to the manifestations of judicial power in the digital environment, to reveal their signs, problems and prospects of development based on the analysis of the experience of using digital technologies in the courts of Russia and the BRICS countries.

The methodology of comparative legal research was used in the work, which made it possible to study the organizational and legal models of judicial activity operating in a virtual environment in the BRICS countries, as well as to formulate conclusions based on generalizations in relation to ideas about such related, but not coincident concepts as digital court, online court, open court. With the help of traditional methods of scientific analysis (general scientific and private law), the nature of digital courts and the digital judicial system is revealed, the influence of technologies based on the rules of the program code on the principles of justice, the procedure of judicial proceedings, the separation of powers is shown.

Keywords
digital court, digital judicial system, digital platform, online justice, reconciliation of parties
Date of publication
25.10.2023
Number of purchasers
10
Views
96
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0.0 (0 votes)
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