Electronic justice: on paper and in life. Electronic legal proceedings (Guseva T.A., Solovyova A.Yu.) What about the fact

Actual problems application of e-justice in Russia

Electronic justice is an innovation in modern Russian law. Indeed, modern information and communication technologies are currently widely used in many areas and areas of human activity. This process also covers legal proceedings, namely, there is an active use and legal consolidation of the use of the latest information technologies. So what is meant by the term e-justice, and what opportunities does it provide us?

Electronic justice is a method of administering justice based on the use of information technology. It includes a number of systems that provide access to information about the activities of courts and court automation systems. Electronic tools ensure absolute openness and accessibility of courts, improve the quality of judicial work, reduce costs and provide maximum convenience for participants in controversial legal relations.

Electronic justice provides participants in the legal process with various opportunities: filing appeals and sending necessary documents to the court in electronic form; tracking the progress of the case in court in in electronic format via the Internet; receiving notifications of a court decision using electronic means communications, holding court hearings using video conferencing, broadcasting meetings online on the Internet and a number of other possibilities.

The experience of using information technology in litigation has long been used in foreign countries. Thus, the United States began introducing information systems into courts back in the 80s of the last century. In the Russian Federation, the active formation and use of the electronic justice system began after the adoption of basic concepts and programs in this area, such as the federal target program “Electronic Russia” of 2002, the federal target program “Development of the Judicial System of Russia” of 2002 and the concept of regional informatization to 2010.

But even during this period of time, it is possible to identify positive aspects of the use of electronic justice tools. Firstly, in our opinion, it should be noted that this saves money not only for citizens, but also for the state as a whole. So, using electronic resources to file a claim in court, a citizen spends less Money than by filing it directly with the court (in person or through a representative) or by post with declared value. Indeed, in fact, when filling out an electronic form on the website of the relevant court, a citizen pays only for access to the Internet; sending statement of claim and a package of necessary documents by mail, he has to pay a certain fee, which will depend on both the weight and the declared cost of the materials sent; when going to court on his own, a citizen spends money on travel, and since the location of the defendant may be quite a distance from the place of residence of the plaintiff (which is especially typical for the arbitration process), here, in our opinion, the costs will be maximum. An element of electronic justice such as video conferencing also significantly saves money. After all, when using this type of communication, there is no need to spend funds from the appropriate budget on transporting one or more persons in pre-trial detention centers to the courthouse, this is especially true when filing a cassation appeal. In addition, this is a very convenient format for participants in economic disputes who, for example, conduct their activities on the territory of different constituent entities of the Russian Federation. For example, if one of the parties to an arbitration case is located, say, in Vladivostok, there is no need to travel to Moscow to participate in the process. It is enough to come to the arbitration court in Vladivostok, where the judge’s powers will be certified, a protocol of the meeting will be drawn up, and the representative of this party, while there, will participate in the court hearing taking place in Moscow. Savings of both money and effort are obvious.

It is also necessary to note such an important indicator as the time savings of both court workers and judges, and participants in court proceedings, when using e-justice. Staff members have less time to serve visitors, and participants in the process can submit applications, track the progress of cases in court, promptly receive court notifications, and participate in hearings online without leaving their home (office).

However, there are a number of problems that hinder the use of e-justice opportunities. And the first thing you should pay special attention to is the insufficient development of legislation. The most pressing problem is the protection of information stored in electronic justice systems or transmitted through them. To increase the level of security, allocated great amount financial and labor resources, since a violation of at least one aspect of data security (integrity, confidentiality, availability) can cause enormous damage to both the courts and the participants in the process, but despite this, this problem remains unsolved.

In addition, in Russia it is worth paying more attention to improving procedural legislation, since the creation of many opportunities is impossible without corresponding changes in current legislation. As for courts of general jurisdiction, it is worth noting the need to create unified banks of court cases and acts, as well as the development of access systems to them. In practice, the problem of detailed stipulation in procedural legislation of the procedure for holding a court hearing using videoconferencing remains unresolved. Indeed, the possibility of its use is fixed, but not specified, in connection with which a number of unresolved issues arise, for example, the mandatory procedure for immediate familiarization with documents presented by the other party as evidence is not fixed. Also, the court often refers to the lack of technical ability to provide them immediately (for example, lack of fax communication). In turn, anyone who does not see the presented document is deprived of the right to express their opinion on this matter. However, this document may prove decisive. As a result, the court may make an error when making a decision. In the future, if the party can prove that the documents that could not be examined, at least indirectly testified to the absence of this or that event or the flaw of this or that evidence, the court’s decision can be canceled by higher authorities due to failure to examine the entirety of the evidence .

It is worth noting the different levels of information and technical equipment of courts in different regions. Unfortunately, not all regions have the technical ability to use all elements of e-justice. This problem is associated both with insufficient funding from the state and with a lack of professional personnel in the field of information technology.

And the last thing I would like to draw special attention to is the insufficient level of education and awareness in this area of ​​the country's residents, and often also court employees. Citizens are not aware of the possibilities of using new information technologies. In our opinion, it is necessary to carry out various programs and activities aimed at increasing the literacy of citizens and their awareness of available opportunities. These programs should be carried out not only at the federal level, as is the case today, but also at the regional level.

Thus, it is worth concluding that e-justice in Russia and in the world is developing quite quickly, since the experience of its use is extremely positive. In this regard, we consider it necessary to pay sufficient attention to the problems of electronic justice, since it is precisely this that ensures the transparency and accessibility of court records.

Electronic justice: results and prospects//Internet interview with the Chairman of the Arbitration Court of the Kaluga Region Sergei Yurievich Sharaev, 2011 URL: http://www. garant.ru/action/regional/271319/

Decree of the Government of the Russian Federation dated January 28, 2002 No. 65 (as amended on June 9, 2010) “On the federal target

I.Yu. NOSKOV, acting assistant judge of the 54th department of the Moscow Arbitration Court. The goals and possibilities of introducing electronic justice into the work of the Russian judicial system are considered. The problems that emerged in the process of using electronic justice in the country's arbitration courts are analyzed, and measures to resolve them are proposed.

This article was copied from https://www.site

Magazine pages: 120-123

I.Yu. NOSKOV,

and about. assistant judge of the 54th branch of the Moscow Arbitration Court

The goals and possibilities of introducing electronic justice into the work of the Russian judicial system are considered. The problems that emerged in the process of using electronic justice in the country's arbitration courts are analyzed, and measures to resolve them are proposed.

Key words: electronic justice, improvement of the judicial system, judicial practice, arbitration courts.

Introduction of the e-justice system as the most important area of ​​improvement the judicial system of the Russian Federation

Noskov I.

In this article are considered purposes and possibilities of application of electronic justice in the judicial system of Russia. Are analyzed the problems which have proven in the course of practice of application of electronic justice in arbitration courts of the country. Some measures under their permission are offered.

Keywords: electronic justice, perfection of judicial system, judiciary practice, arbitration courts.

One of the policy directions of the current leadership of the country is the introduction of modern information technologies into work government agencies all branches of government.

The introduction of information innovations is aimed primarily at increasing the efficiency of government agencies. The use of information technologies is united by the term “electronic state”, which, in turn, includes such concepts as “electronic government”, “electronic parliament” and “electronic justice”.

Electronic justice (e-justice) refers to a method of administering justice based on the use of technical systems with digital data processing.

The trend of introducing information technologies into the work of the judicial system is observed not only in the Russian Federation, but also in other developed countries. Various international conferences and forums where problems and prospects for such implementation are discussed. Thus, from October 25 to 28, 2010, the 4th session of the Asia-Pacific Forum on Judicial Reform was held in Beijing, the topic of which was formulated as “Using technology to improve the functioning of courts.” Representatives of many countries, including Russia, took part in the session. The delegation from the Russian Federation covered the following issues: ensuring universal accessibility of judicial acts posted in the database of decisions of arbitration courts; introduction of information services of arbitration courts, providing significant time savings for the parties to the process; as well as online services, such as live broadcasting of meetings of the Presidium of the Supreme Arbitration Court of the Russian Federation, the creation personal accounts on the Internet as part of the “My Court” online service, which allows you to consolidate and quickly track information on cases in progress.

The introduction of electronic justice has received legislative support in the Concept of the federal target program “Development of the judicial system of Russia” for 2007-2011 (approved by order of the Government of the Russian Federation dated 04.08.2006 No. 1082-r), as well as in the Federal Law dated 22.12.2008 No. 262- Federal Law “On ensuring access to information about the activities of courts in the Russian Federation” (hereinafter referred to as Law No. 262-FZ). On December 15, 2010, the President of the Russian Federation gave order No. Pr-3645 on the further development of information technologies in order to increase the openness and accessibility of justice in the Russian Federation.

Law No. 262-FZ enshrines one of the main goals of the functioning of electronic justice, namely the basic principles of ensuring access to information about the activities of courts, which include:

1) openness and accessibility of information about the activities of courts, except for cases provided for by the legislation of the Russian Federation;

2) the reliability of information about the activities of courts and the timeliness of its provision;

3) freedom to search, receive, transmit and disseminate information about the activities of courts in any legal way;

4) respect for the rights of citizens to privacy, personal and family secrets, protection of their honor and business reputation, the rights of organizations to protect their business reputation; respect for the rights and legitimate interests of participants in the trial when providing information about the activities of the courts;

5) non-interference in the administration of justice when providing information about the activities of courts.

The leader in the work on introducing e-justice has become the country's system of arbitration courts, the example of which best demonstrates the capabilities of e-justice, its pros and cons, impact on the operation of the system, as well as development prospects.

The need for e-justice is due, among other things, to the sharply increased last years burden on the courts. In 2010 alone, the arbitration courts of the Russian Federation received 1,208,737 claims!

Electronic justice in relation to arbitration proceedings is legislatively enshrined in the Federal Law of July 27, 2010 No. 228-FZ “On Amendments to the Arbitration Procedural Code of the Russian Federation.”

I would like to note that the concepts of “electronic justice” and “informatization of courts” should not be confused. N.N. Fedoseeva quite rightly notes that “informatization of courts presupposes that courts use computers and other equipment in their activities as an auxiliary tool, but not as a procedural tool.”

Unlike e-justice, “informatization of courts” is a narrower concept. Electronic justice includes informatization of courts; it currently allows:

Make audio and video recordings of court hearings;

Conduct court hearings using video conferencing;

File complaints against the actions of judges and employees of arbitration courts using the complaints system;

View judicial acts of arbitration courts in electronic form;

Submit statements of claim and other documents electronically;

Receive information about changes in a specific case by email;

Translate websites of arbitration courts into foreign languages using a specialized program;

Distribute incoming claims using electronic program, which takes into account the work schedule of judges, their workload, specialization and other factors.

Participants in the arbitration process can freely use all of these opportunities now. Unlike foreign countries, the use of the e-justice system in the Russian Federation is free of charge, only certain services are paid.

Activities are actively underway to further improve the functions of e-justice. Thus, it became possible to familiarize yourself with judicial acts through mobile devices With operating system Android, iPhone smartphones.

Thanks to the introduction of information technology, the administration of justice becomes more open and accessible. For example, the use of video conferencing allows participants in the arbitration process to participate in a court hearing, despite the distance from the court in which the case is being heard, saving their time and money.

Parties' access to judicial acts posted on the websites of arbitration courts gives them more time to prepare for court hearings, since they do not have to wait to receive a judicial act by mail. Moreover, electronic justice has made it possible to oblige the parties to take measures to obtain information about the progress of the case using any sources of such information and any means of communication in the event of receiving the first judicial act on the case under consideration.

Audio and video recordings also help improve the quality of justice. This disciplines the parties to the process and allows you to refresh your memory of some aspects of a particular court hearing. Information technologies help create a unified information system uniting the courts, Federal service bailiffs, tax inspectorates and other government bodies.

However, along with the advantages of e-justice, a number of disadvantages were also identified at the stage of its implementation. Thus, some applicants duplicate the submission of statements of claim electronically by also submitting them directly to the court, fearing that for one reason or another the electronic statement will not reach the court. Thus, the court ends up with two cases involving a dispute between the same persons on the same subject and on the same grounds, one of which the judges have to leave without consideration in accordance with paragraph 1 of Part 1 of Art. 148 Arbitration Procedure Code of the Russian Federation. All this leads to additional time expenditure (which is already in short supply) both for the judge and for the court staff. This drawback makes us think about the need to create a special system that would allow us to monitor incoming claims for duplication.

Another problem in the implementation of electronic justice is the labor costs of translating judicial acts and other documents into electronic form. It takes judges, their assistants and other court staff a lot of time to place documents in software package. Moreover, at the moment, only judicial acts are posted, and not all materials available in the case. Subsequently, it is planned to create a so-called electronic case, which will be a court case in electronic form. Creating an electronic file will require scanning or another method of converting all available case materials into electronic form, which will entail additional large quantity labor costs and time costs.

There is no single approach to this problem, and many specialists are working to solve it. An example of one such solution is Foreign experience: in a number of foreign countries, courts oblige applicants to submit documents not only in paper form, but also in scanned form, thereby relieving the court of the work of translating documents into electronic form. Time will tell how this issue will be resolved in Russia.

In our opinion, the issue of protecting those documents that take electronic form is very important. As global practice shows, electronic systems containing valuable information are periodically attacked by various malware. The protection of e-justice must be given sufficient attention so that its benefits do not turn into their opposite. On this occasion, E.V. Tsyganova, head of the information and communications department of the Fourteenth Arbitration Court of Appeal, and A.V. Ivanov, a specialist in the department of information and communications of the same court, write: “The increase in the degree of automation of data processing, the integration in databases of large volumes of information for various purposes and affiliations, long-term storage of information, the expansion of the circle of users with access to the resources of automated systems, the importance and the responsibility of decisions made on the basis of automated processing, wide geographical location and increased circulation of information between automated systems all contribute to their vulnerability. There is a threat of violation of confidentiality, the possibility of changing and distorting information, blocking and destroying it increases. As a result of the above, it is necessary to develop a unified technical policy, organizational and coordinating work to protect information, especially transmitted via telecommunication channels.”

Despite the existing difficulties and problems in the implementation of electronic justice, the work on its creation is a modern and very promising means of improving the judicial system of the Russian Federation.

Undoubtedly, it takes time to achieve a more efficient and proper functioning of the e-justice system. Time is required not only for the creators of the system to improve and develop it, but also for the users themselves to master it and get used to it.

Electronic justice in Russia is still quite young, which is a definite plus. Head of the Department of Informatization and Communications of the Supreme Arbitration Court of the Russian Federation I.S. Solovyov, in his interview for the information portal Pravo.ru, notes: “Due to our “youth,” we are very keen on all the most modern, creative, high-tech in our field of activity. I would say that we are, in the good sense of the word, ambitious and even somewhat aggressive in our desire to move forward and take a leading position.”

It is important to note that the introduction of e-justice has a positive effect not only on the work of the judicial system, but also on the functioning of other government bodies. The arbitration process involves not only individuals and legal entities, but often also government bodies. This confirms the well-known position of the general theory of systems that making changes in the functioning of one of the elements of the system also entails changes in its other elements with which it interacts.

Bibliography

1 Fedoseeva N.N. Electronic justice in Russia: essence, problems of prospects // Arbitration and civil process. 2008. No. 9. P. 3.

2 Tsyganova E.V., Ivanov A.V. Information facets of the arbitration judicial system // Arbitration disputes. 2009. No. 3. P. 5.

The relevance of the topic “electronic justice”, the definition of its concept, essence, and the introduction of technology in the process of administering justice are due to the development of informatization of society, the state as a whole, as well as the judicial system as part of the state apparatus.
When defining the concept of “electronic legal proceedings”, it is necessary to proceed from its understanding in the broad and narrow senses. Thus, in a broad sense, electronic legal proceedings, or electronic justice, is a set of various automated information systems - services that provide tools for publishing judicial acts, maintaining an electronic case and access of the parties to electronic case materials. These services allow you to more clearly track the relationship between the court and the participants in the process. In a narrow sense, electronic legal proceedings are the ability of the court and other participants in the judicial process to carry out actions provided for by regulatory legal acts that directly affect the beginning and course of the judicial process (for example, actions such as submitting documents to the court in electronic form or participating in a court hearing through the system video conferencing).
Currently, there are a number of problems related to the quality of justice, the timing of legal proceedings, the lack of awareness of citizens about the activities of the judicial system, the unsatisfactory performance of the courts, the ineffective execution of judicial acts, the lack of necessary conditions for the administration of justice, etc.
In this regard, it is necessary to introduce modern information and communication technologies into the judicial system and the system of compulsory execution of judicial acts as soon as possible, which will allow us to form an innovative approach to their development, as well as improve the quality and reduce the time it takes to administer justice and ensure the effective execution of court decisions.
Implementation modern technologies into the justice system is provided within the framework of the implementation of the activities of the Federal Target Program "Development of the Judicial System of Russia for 2013 - 2020" (hereinafter referred to as the Program), approved by Decree of the Government of the Russian Federation of December 27, 2012 N 1406 (as amended on December 25, 2014).
As part of the implementation of the Program, information technologies must be created in the judicial system that make it possible to implement the function of transferring information through the stages of the judicial process, ensuring the adoption of an informed decision on the claim. It is necessary to exclude as much as possible from the cycle of judicial proceedings human factor, which does not introduce an intellectual component into legal proceedings through the automation of judicial office work. With an electronic version of the application form, this problem can be solved by creating a complex for scanning and storing electronic images court documents, as well as carrying out work on transferring court archives to electronic version and the formation of electronic files on this basis. For example, “currently, in German civil proceedings, an electronic document management system has developed, which is present at all stages of the process, from filing a claim in electronic form and presenting electronic evidence to making a decision in electronic form. The possibility of making a court decision in electronic form in German civil proceedings is inextricably linked with its delivery and, in some cases, associated with this transformation of the document."
Mechanisms for the implementation of electronic justice in Russia are provided for in Order No. 132 dated 07/03/2013 “On approval of the Temporary Regulations for the translation of documents of federal courts of general jurisdiction into electronic form” (as amended on 02/07/2014). The objective of the approved regulations is to create organizational and legal conditions for scanning court documents (acts) and subsequent placement of their electronic images in an electronic storage (PI BSR).
Federal Law dated 03/08/2015 N 41-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" improves legal regulation application of electronic documents in criminal, civil and arbitration proceedings. Amendments are being made to the Code of Criminal Procedure of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Civil Procedure of the Russian Federation and the Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings” in terms of the specifics of the use of electronic documents, as well as their use as evidence in court.
In addition, it is planned that from January 1, 2016, it will be possible to submit certain documents to the courts not only on paper, but also in electronic form. Moreover, according to the bill, within the framework of civil and arbitration processes, it will be possible to submit any documents electronically, within the framework of criminal proceedings - petitions, statements, complaints and presentations.
The ability to submit documents electronically to arbitration courts is provided for by the current edition of the Arbitration Procedure Code of the Russian Federation (see paragraph 2, part 1, article 41). However, only persons participating in the case have the right to do this. According to the bill, any person, not just those participating in the case, will be able to submit documents electronically. In addition, it is planned to establish that some judicial acts can be prepared in the form of an electronic document signed with an enhanced qualified electronic signature. In accordance with the bill, in the framework of civil proceedings, such an act can only be a court decision. It is proposed to provide for a similar provision in criminal proceedings (with the exception of a decision that contains information constituting a state secret). Within the arbitration process, it is planned to include all judicial acts as such documents.
Currently, the system of arbitration courts operates a complex of services of the Supreme Arbitration Court, consisting of a file cabinet, a bank of decisions and a system for electronic filing of claims.
The Judicial Department under the RF Armed Forces carried out work to create and develop the State Automated System of the Russian Federation "Justice", intended for courts of general jurisdiction.
In his interview, Director General of the Judicial Department under the RF Armed Forces Gusev A.V. explained that a project is currently being developed Federal Law“On amendments to certain legislative acts of the Russian Federation regarding the use of electronic documents in the activities of judicial authorities, preliminary investigation bodies, prosecutors and notaries,” which is being approved by the Government of the Russian Federation.
After this Federal Law comes into force, it is planned to prepare a departmental normative act regulating the application electronic signature in courts of general jurisdiction, including in terms of filing documents electronically.
It is worth noting that work on introducing information and communication technologies into the activities of courts has been carried out for a long time.
In the system of arbitration courts, an automated information system “Bank of Arbitration Court Decisions” (hereinafter referred to as BRAS) has been formed. Today, all arbitration courts are equipped with information touch kiosks, for which an automated information system has been developed that provides visitors with access to information about the court and centralized systems BRAS, and Schedules for consideration of arbitration cases, posted on the Internet resources of the Supreme Arbitration Court of the Russian Federation. The structure of the websites of arbitration courts is organized in such a way as to ensure that they contain all the data necessary for the information openness of the court’s activities and the convenience of users.
Now on the official websites of arbitration courts you can quickly obtain information about the progress of cases, the date, time and place of the trial, about the decision made in real time, and familiarize yourself with the texts of almost all decisions of all arbitration courts in the data bank of arbitration courts.
Examples of electronic justice include filing claims, registering statements, submitting responses to claims electronically, hearings via video conferencing, sending additional notifications to participants in the trial via the Internet or via SMS messages, etc. Let’s look at each of the above types in more detail using the example of arbitration courts due to the greater development of electronic document management.
Filing documents with the court is the initial stage of the legal process. On November 1, 2010, amendments to the Arbitration Procedure Code of the Russian Federation came into force, allowing the filing of claims in electronic form. In accordance with Part 3 of Art. 75 APC documents received through electronic communications, refer to written evidence. According to Art. 125 of the Arbitration Procedure Code of the Russian Federation, which establishes the form and content of the statement of claim, the statement of claim is submitted to the arbitration court in writing, signed by the plaintiff or his representative. A statement of claim can also be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court on the Internet. Electronic forms of documents are not only statements of claim. By filling out the form posted on the official website of the arbitration court on the Internet, you can submit:
- statement of claim (part 1 of article 125 of the Arbitration Procedure Code of the Russian Federation);
- response to the statement of claim (paragraph 2, part 1, article 131 of the Arbitration Procedure Code of the Russian Federation);
- statements and petitions of persons participating in the case (part 1 of article 159 of the Arbitration Procedure Code of the Russian Federation);
- appeal (part 1 of article 260 of the Arbitration Procedure Code of the Russian Federation);
- response to the appeal (part 4 of article 262 of the Arbitration Procedure Code of the Russian Federation);
- cassation appeal (part 1 of article 277 of the Arbitration Procedure Code of the Russian Federation);
- response to the cassation appeal (part 4 of article 279 of the Arbitration Procedure Code of the Russian Federation);
- an application or submission to review a judicial act in the manner of supervision (Part 1 of Article 294 of the Arbitration Procedure Code of the Russian Federation);
- response to an application or submission to review a judicial act in the manner of supervision (Part 4 of Article 297 of the Arbitration Procedure Code of the Russian Federation);
- an application for review of a judicial act based on newly discovered circumstances (Part 1 of Article 313 of the Arbitration Procedure Code of the Russian Federation);
- application to cancel the decision of the arbitration court (part 1 of article 231 of the Arbitration Procedure Code of the Russian Federation);
- an application for the issuance of a writ of execution for the forced execution of an arbitration court decision (Part 1 of Article 237 of the Arbitration Procedure Code of the Russian Federation);
- an application for recognition and enforcement of a foreign court decision and a foreign arbitration award (paragraph 1, part 2, article 242 of the Arbitration Procedure Code of the Russian Federation).
Other Required documents may also be submitted to the arbitration court in electronic form. So far, electronic paperwork in court is an alternative to traditional paper officework. Thus, the parties retain the right to choose the method of filing a particular document. Moreover, the submission of copies of documents in electronic form does not exclude the right of the court to require the submission of the originals of these documents (Article 75 of the Arbitration Procedure Code of the Russian Federation). However, this rule is based on the fact that the original document is a paper document. But nowadays, more and more often, documents are immediately created in electronic form, and then the question arises of what is considered an original and what is a copy of a document. This rule will probably require clarification in the near future.
However, there is some difficulty when submitting documents electronically. This is the need to identify the sender. Currently, reliable identification is possible mainly through the use of an electronic digital signature (hereinafter referred to as EDS). Thus, for reliable identification, completed electronic documents will have to be certified with an electronic signature, which ensures that the information was actually sent by the sender and that it has not been changed during transmission. However, EDS is still poorly used in our country, which is explained by a number of factors, primarily the complexity of the legal requirements on EDS and the lack of a single certification center.
The next element of e-justice is sending additional notifications to trial participants via the Internet or via SMS messages. This element is most typical for courts of general jurisdiction.
Notification of participants in legal proceedings about the date, time and place of consideration of a case by the courts or the performance of certain procedural actions by sending them SMS messages using GAS "Justice" is provided for by the Regulations for organizing notification of participants in legal proceedings by means of SMS messages, approved by Order of the Judicial Department dated December 25, 2013 N 257 This functionality of GAS "Justice" is available to all federal courts of general jurisdiction. The use of SMS notifications to participants in court proceedings significantly optimizes the work of courts, helps speed up the administration of justice and promptly transfer information. However, we should not forget that in order to notify persons participating in the case in the above manner, their consent is required. Consent to notification via SMS or email must be confirmed by a receipt, which also indicates the number mobile phone or address Email to which the notification is sent.
Part 1 of Art. 123 of the Arbitration Procedure Code provides that persons participating in the case and other participants in the arbitration process are considered to have been properly notified if, by the beginning of the court hearing or the commission of a separate procedural action, the arbitration court has information about the receipt by the addressee of a copy of the procedural act or other evidence of receipt by the persons participating in the case , information about the commenced trial.
However, it is not determined what is considered proper notice in relation to cases of sending judicial notices via e-mail. In this case, it would be possible to establish a presumption of proper notice after the expiration of a certain period after the notice was given.
Chapter 10 of the Code of Civil Procedure of the Russian Federation “Court notices and summonses” does not contain similar provisions. In this regard, it seems necessary to unify the relevant norms and provide in the Civil Procedure Code provisions for sending judicial notices and summonses via e-mail and other means of communication, as well as posting information about the date and time of the court hearing on the court’s website on the Internet.
Proper notification of persons participating in the case is also the posting on the official website of the court on the Internet of information about the status of the submitted application. That is, the applicant can openly familiarize himself with the full text of judicial acts in electronic form. At the same time, judicial practice proceeds from the fact that if, with the timely publication of judicial acts, the applicant does not make attempts to execute the judicial act, this does not mean that the applicant was not properly informed about the judicial process.
Video conferencing has also become very popular. Videoconferencing is a computer technology that allows subjects located at a considerable distance to see and hear each other and exchange information in real time.
In Art. 153.1 of the Arbitration Procedure Code of the Russian Federation states that persons participating in the case and other participants in the arbitration process may participate in the court hearing through the use of video conferencing systems, subject to their filing a petition for this, providing the court with all documents in advance and, if the arbitration court has technical capabilities , its implementation. In this case, the court organizing the videoconference checks the appearance and establishes the identity of the persons who appeared, checks their credentials and clarifies the question of the possibility of participation in the court hearing.
Conducting court hearings in the form of video conferencing is convenient primarily for those who are geographically remote from the courts or, for health reasons, are unable to participate in court proceedings.
Conducting a trial by videoconference is also useful in criminal proceedings, because... there is no need to deliver and escort suspects and convicts to court hearings, which significantly reduces financial expenses and reduces the time frame for considering criminal cases.
Videoconferencing in the general courts system is used in various situations, including criminal proceedings. However, unlike criminal and arbitration processes, the procedure for conducting videoconferences is not regulated by civil procedural legislation. We believe that this is a matter of the near future, since the need for video conferencing in civil proceedings is obvious: it requires adjustment to the norms of the Code of Civil Procedure of the Russian Federation. It seems that the regulation of the organization of video conferencing in civil proceedings will not differ significantly from similar norms of the Arbitration Procedure Code of the Russian Federation.
The organization of video conferencing has become a daily occurrence in court activities. As well as audio recordings of court hearings.
In accordance with Russian procedural law, the judicial process must be reflected verbatim in the minutes of court hearings. There is no doubt that recordings of court proceedings in digital format on audio and video media will provide the most informative records of court hearings, because they are able to fully reflect all the events taking place in the courtroom and convey the behavior of the participants in the trial at the defining moments of the trial.
Summarizing the above, we note that, of course, a big advantage of the introduction of electronic legal proceedings is that users of the system have the opportunity to submit documents 24 hours a day, without wasting time on waiting. Using electronic document management, it is possible to quickly receive copies of documents submitted by the parties, various notifications, etc. The court also received the opportunity to communicate electronically with the parties, including judicial notification of persons participating in the case. The developers of the Concept of the Unified Civil Procedure Code of the Russian Federation welcome and support the development of electronic legal proceedings, believing that the most successful developments of the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation in this area should be preserved in the unified Civil Procedure Code of the Russian Federation. At the same time, they note that the fate of a number of e-justice institutions has not yet been sufficiently determined (for example, electronic filing of documents with the arbitration court through the use of the “My Arbitrator” service).
Currently, the State Duma has introduced amendments to the Federal Law on the Constitutional Court of the Russian Federation, establishing the procedure for broadcasting court hearings of the Constitutional Court on the Internet. The federal constitutional law comes into force on August 1, 2015.
The FKZ provides for two types of broadcasting of the CC meeting, depending on the initiators of its holding:
a) on the initiative of the Constitutional Court;
b) and with his permission at the request of persons participating in the case.
It is expected that the procedure for conducting the broadcast will be established by the rules of the Constitutional Court. By general rule Internet broadcasting of only open meetings of the Constitutional Court is permitted. Information about the date and time of meetings will also have to be posted on the Internet.
You can contact the Constitutional Court of the Russian Federation via the Internet by filling out a special form on its official website. In this case, correspondence with the court will also be conducted electronically.
Thus, the development of electronic justice in Russia, provided that the problems noted above are solved, undoubtedly brings obvious conveniences and advantages for both citizens and organizations. The introduction of information technology is aimed at simplifying and increasing the efficiency of legal proceedings. In addition, in our opinion, the active use of telecommunications in civil proceedings will contribute to a more complete implementation of the principles of discretion, competition and equality.

Bibliography

1. Decree of the Government of the Russian Federation dated December 27, 2012 N 1406 “On the federal target program “Development of the judicial system of Russia for 2013 - 2020” (with amendments and additions) // Collection of legislation of the Russian Federation dated January 7, 2013 N 1 article 13 .
2. Branovitsky K.L. Judgment in electronic form (legal regulation in Germany) // Arbitration and civil process. 2010. N 4. P. 32 - 34.
3. Order of the Judicial Department at the Supreme Court of the Russian Federation dated July 3, 2013 N 132 “On approval of the Temporary Regulations for the translation of documents of federal courts of general jurisdiction into electronic form” (with amendments and additions). The text of the Order was not officially published.
4. Federal Law of 03/08/2015 N 41-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” (the legal regulation of the use of electronic documents in criminal, civil and arbitration proceedings is being improved) // Collection of legislation of the Russian Federation. 03/09/2015. N 10. Art. 1411.
5. Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” (with amendments and additions) // Collection of Legislation of the Russian Federation dated October 8, 2007 N 41 Art. 4849.
6. Draft Federal Law N 686611-6 “On Amendments to Certain Legislative Acts of the Russian Federation” (as amended by the State Duma of the Federal Assembly of the Russian Federation in the first reading on 04/07/2015) // ATP “ConsultantPlus”.
7. Interview with general director Judicial Department at the Supreme Court of the Russian Federation Alexander Vladimirovich Gusev // Russian judge. 2014. N 5. P. 3 - 4.
8. Dorzhiev E.P. Application of information and communication technologies in the work of an assistant judge of an arbitration court // Court administrator. 2013. N 3. P. 15 - 18.
9. Zhizhina M.V. Documents received via electronic communication: practice of use in civil and arbitration proceedings // Arbitration disputes. 2013. N 3. P. 95.
10. Interview with the General Director of the Judicial Department at the Supreme Court of the Russian Federation Alexander Vladimirovich Gusev // Russian Judge. 2014. N 5. P. 3 - 4.
11. Tulskaya O.V. Current problems of using electronic documents in administrative proceedings // Current problems of the humanities and natural sciences. 2013. N 2. P. 256.
12. Determination of the Federal Antimonopoly Service of the Volga-Vyatka District dated April 16, 2013 in case No. A82-6599/2004 // ATP "ConsultantPlus".
13. Tereshchenko L.K. Modernization of information relations and information legislation: Monograph. M.: The Institute will compare. lawyer under the Government of the Russian Federation, 2013. P. 96.
14. Federal Constitutional Law of June 8, 2015 N 5-FKZ “On Amendments to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” // SPS “ConsultantPlus”.

One of the main goals formulated in the Address of the President of the Russian Federation Vladimir Putin to the Federal Assembly of the Russian Federation refers to the development of civil society and sustainable democracy that ensures human rights, civil and political freedoms.

Modern society needs to create effective mechanisms of electronic democracy that can establish partnerships and mutual responsibility between citizens and authorities.
In this regard, the current message is to discuss the draft Concept for the development of e-democracy mechanisms in the Russian Federation until 2020 (Unified portal of e-democracy).

Legislative innovations aimed at strengthening the democratic institutions of society also contain measures to improve the justice system in the light of the needs of society and the state.
Russia is taking confident steps towards developing and strengthening the democratic foundations of justice. The system of functioning of the electronic state, and in particular electronic justice, in Russia is based on the following principles: openness, ensuring the right to access information about the activities of courts, transparency. The mechanisms for implementing these principles are reflected in the Federal Target Program "Development of the Judicial System of Russia" for 2007 - 2012 (hereinafter - the Program until 2012), the Concept of the Federal Target Program "Development of the Judicial System of Russia for 2013 - 2020" (hereinafter - the Concept until 2020 of the year). A number of federal laws have been adopted, for example, Federal Law No. 262-FZ of December 22, 2008 “On ensuring access to information about the activities of courts in the Russian Federation.” In the process of improving the justice system, international legislative experience in observing democratic principles and using new mechanisms for their implementation is also taken into account. The basis of national legislation in the field of development of the judicial system of Russia was also formed by the basic recommendations (G 46 - G 50) of the Committee of Ministers of the Council of Europe CM/Rec(2009)1 to the member states of the Council of Europe on e-democracy (adopted by the Committee of Ministers on February 18, 2009 at 1049th Meeting of Deputies of Ministers) (Recommendations of the Committee of Ministers of the Council of Europe CM/Rec(2009)1 to member states of the Council of Europe on e-democracy (Adopted by the Committee of Ministers on 18 February 2009 at the 1049th Meeting of Deputies of Ministers)).

To solve the assigned tasks, information technologies are used, the level of development of which has made it possible to make the transition from the “traditional process” of administering justice to the electronic justice system. For example, in the system of arbitration courts, an electronic procedure is fully implemented from filing an application to the court, providing documents and ending with the court decision published on the website.

Note. E-justice is the use of ICT in the implementation of justice by all stakeholders in the legal field in order to improve efficiency and quality public services, in particular for individuals and businesses. It includes electronic communication and data exchange, as well as access to judicial information. See: Recommendation of the Committee of Ministers of the Council of Europe CM/Rec(2009)1 to member states of the Council of Europe on e-democracy (adopted by the Committee of Ministers on 18 February 2009 at the 1049th meeting of the Deputy Ministers). Single portal of electronic democracy.

Let us reveal the main advantages of e-justice:
- openness and accessibility of information about the activities of courts, except for cases provided for by the legislation of the Russian Federation;
- reliability of information and timeliness of its provision;
- freedom to search, receive, transmit and disseminate information about the activities of courts in any legal way;
- respect for the rights of citizens to privacy, personal and family secrets, protection of their honor and business reputation, the rights of organizations to protect their business reputation;
- respect for the rights and legitimate interests of participants in legal proceedings when providing information about the activities of courts;
- non-interference in the administration of justice when providing information about the activities of courts.
Here are the main results of informatization of the judicial system in accordance with the provisions of the Program until 2012:
- official websites were created on the Internet information and telecommunications network;
- automated workstations have been created that are integrated into the information systems of federal courts of general jurisdiction and arbitration courts;
- a system of automatic publication of court decisions adopted by the courts has been introduced in arbitration courts. This data is available on the portal "Bank of decisions of arbitration courts", the structure of which includes the subsystems: "Calendar of court hearings", "Card index of arbitration cases", "Bank of decisions of arbitration courts". The module "Mobile File Index of Arbitration Cases" and the service "Electronic Guardian" have been launched;
- provided the opportunity to submit applications electronically to arbitration courts;
- decisions of the Constitutional Court of the Russian Federation have been digitized and made publicly available;
- a system of court archives in electronic form is being created to familiarize yourself with case materials.
Initially, the e-justice system had in its arsenal only the necessary set of mechanisms that allowed it to work in test mode. As the system was used, individual modules were debugged and there was a need to create new subsystems and services that could fully ensure the process of administering justice of the “new” electronic format"So, recently the following services have been developed and put into operation:
- “Internet reception”, which receives official appeals to the court in accordance with Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”;
- “The Chairman’s Guest Book”, in which complaints and reviews are received online, you can ask questions and suggest measures for the effective work of the court;
- a new module has been introduced - “video reception” using the Skype IP telephony program.
“Information kiosks” have opened in court buildings, providing information on cases and complaints pending before the Supreme Court of the Russian Federation. These kiosks contain information about cases scheduled for hearing, integrate a bank of judicial documents of the Supreme Court of the Russian Federation, and contain reference and legal information. Of course, this means of access to information is in demand by citizens, but, according to the author of the article, it is necessary to create “universal information kiosks” that would integrate information in open data format, and not only judicial information, but also from other areas and industries that would be located in publicly accessible places, since physical access to the courthouse is limited and not all citizens can use this facility. Moreover, some citizens use their own “gadgets,” which is much more convenient for various operations in the electronic justice system, and do not resort to “Information kiosks.” By placing “universal information kiosks” in public places, the digital divide can be addressed and open data can be accessed free of charge.
Videoconferencing capabilities are also being expanded. If earlier this technology was used to ensure the remote presence in the courtroom of individual participants in the process, today it is used when interviewing victims under the witness protection program, and specially developed software allows you to change the voice and hide a person’s face.
By focusing on improving democratic institutions and processes in the context of new opportunities for transition to " electronic system justice" and the challenges that arise as a result of the development of society, we should take a fresh look at the mechanisms for implementing generally accepted principles of justice.
The democratic foundations (principles) of justice should be understood as the general guiding principles enshrined in legislative acts provisions that determine the most significant aspects of this type government activities. These provisions form the basis of legislation in the field of administration of justice, and also contain instructions on the activities of relevant bodies.
The set of principles forms the framework, which is the support for legislative regulations governing justice.
The principles of justice are fundamentally based on the democratic pillars of the Constitution of the Russian Federation, constitutional and federal laws. The basic provisions were enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, which reflect provisions on the organization and administration of justice, and the Declaration on State Sovereignty of the RSFSR of June 12, 1990. and etc.
Concept of generally accepted principles international law, generally accepted norms of international law and an explanation of the role of international treaties of Russia are given in the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 No. 5 “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation.”

The principles of justice include: the principle of legality; the principle of administering justice only by the court; the principle of equality of citizens before the law and the court; the principle of judicial independence; the principle of independence of courts and judges; the principle of presumption of innocence; the principle of ensuring an impartial and competent court; the principle of competition and equality of parties; the principle of openness and publicity of legal proceedings; the principle of respect for human and civil rights and freedoms; the principle of binding court decisions; the principle of inadmissibility of using evidence obtained in violation of the law; the principle of the state or national language in courts; principle of witness immunity; the principle of discretionary legal proceedings; the principle of the state language of legal proceedings; the principle of security and inviolability of private life, home, personal and family secrets, secrecy of correspondence, telephone and other conversations, postal, telegraph and other messages; the principle of ensuring victims’ right of access to justice and compensation for the harm caused by the crime; the principle of citizen participation in the administration of justice; the principle of ensuring the right to appeal against actions and decisions of government bodies and officials, to have a sentence reviewed by a higher court in the manner established by federal law, and the right to ask for pardon or commutation of punishment.
Let us analyze the democratic nature of certain principles of justice.
For example, the principle of competition is an important indicator of democratic justice, providing for the possibility of each party effectively defending its rights and legitimate interests. The adversarial principle is enshrined in the provisions of civil, criminal procedural, and arbitration procedural legislation. So, in Art. 15 of the Code of Criminal Procedure of the Russian Federation reflects the following provisions.
1. Criminal proceedings are carried out on the basis of adversarial proceedings between the parties.
2. The functions of prosecution, defense and resolution of a criminal case are separated from each other and cannot be assigned to the same body or the same official.
3. The court is not a criminal prosecution body and does not act on the side of the prosecution or the defense. The court creates the necessary conditions for the parties to fulfill their procedural duties and exercise the rights granted to them.
4. The prosecution and defense have equal rights before the court.

Or, let’s say, the essence of the presumption of innocence, set out in Part 1 of Art. 49 of the Constitution of the Russian Federation: “Everyone accused of committing a crime is considered innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into legal force.” This provision also emphasizes the democratic principles of the administration of justice.

Considering the main provisions of the principle of legality enshrined in Part 2 of Art. 15 of the Constitution of the Russian Federation: “Government bodies, bodies local government, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws,” it should be emphasized that the legislator provides the ability of the court not always to unconditionally follow the instructions of laws and decrees (if they, for example, contradict the Constitution of the Russian Federation).
With recognition of the special role in the domestic legal system of generally recognized principles and norms of international law, international treaties of Russia (Part 4 of Article 15 of the Constitution of the Russian Federation: "... if an international treaty of Russia establishes rules other than those provided for by law, then the rules of the international treaty apply" ) the concept of legality as a legal principle manifests its democratic nature. Thus, according to the provisions of the International Covenant on Civil and Political Rights, courts now have the opportunity to receive complaints from citizens about illegal detention on suspicion of committing a crime, and previously existing legislation did not provide for the possibility of these actions.

Note. Similar provisions are enshrined in Art. 6 of the US Constitution, art. 25 of the German Constitution, art. 96 of the Constitution of Spain (see: Constitutions of foreign states. M., 1997. pp. 28 - 29, 165, 323).

The principle of ensuring the rights and freedoms of man and citizen in the administration of justice clearly reflects the picture of democratization of modern Russian society. Life and health, honor and dignity, human and civil rights and freedoms are values ​​that must first of all be respected in the administration of justice. In Art. 2 of the Constitution of the Russian Federation proclaims: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.”

Despite the legislative consolidation of the democratic foundations of justice, the existing mechanisms (legal, organizational, technical), which have been laid for centuries, are showing significant cracks and no longer meet the modern needs of society and the state. The capabilities of the Electronic Justice system almost fully ensure compliance with the guarantees of the democratic component of the principles of justice. For example, if we refer to Part 4 of Art. 7 of the Code of Criminal Procedure of the Russian Federation, the legislator notes that “a court ruling, a decision of a judge, prosecutor, investigator, inquirer must be legal, justified and motivated.” Through the “Electronic Justice” system, participants in legal proceedings and the public will be able to evaluate procedural decisions, the actions of participants in the process and appeal them in case of violation of the law.

The process of informatization of justice is actively gaining momentum, which, according to monitoring data, certainly makes this system more effective, but also gives rise to a number of related problems. In particular, threats to the information security of automated information and telecommunication systems used in courts; establishment legal regime information resources; There is a need to improve the mechanism for posting information about the activities of courts on official websites, including in the “open data” format. Thus, issues arise of maintaining parity between providing access to information about participants in the process, their procedural status, actions, other information and respecting the rights and freedoms of man and citizen, i.e., on the one hand, we are talking about depersonalization of personal data, and on the other hand another - law enforcement agencies provide information to the media about persons involved in legal proceedings. It is also necessary to decide on the conceptual apparatus, because many terms that come from the information sphere are not enshrined in law or there are discrepancies in their interpretation in various regulatory frameworks. legal acts(for example, the concept of “electronic justice” for quite a long time was understood as the informatization of the activities of arbitration courts). It is also necessary to overcome digital divide in order to provide access to information about the activities of courts, etc.
The article discusses new electronic mechanisms for implementing the democratic foundations (principles) of the Russian justice system in accordance with the needs modern society. Thus, the further development of the justice system is carried out through the prism of new information technologies that ensure openness, transparency and accessibility for citizens.

Bulletin of Omsk University. Series "Law". 2016. No. 3 (48). pp. 137-141.

ACCESSIBILITY OF JUSTICE AS A CONDITION FOR THE EFFECTIVENESS OF THE ELECTRONIC COURT PROCEDURE SYSTEM

AVAILABILITY OF JUSTICE AS A CONDITION FOR THE EFFECTIVENESS OF THE SYSTEM OF ELECTRONIC LEGAL PROCEEDINGS

Yu. A. KONDYURINA

The impact of the introduction of modern information technologies in civil and arbitration proceedings on ensuring the accessibility of justice is analyzed.

Key words: arbitration process; civil process; e-justice; accessibility of justice; principles of legal proceedings; information Technology.

In the article the author analyzes the impact of the introduction of modern information technologies in civil and arbitration proceedings to ensure access to justice.

Key words: arbitration trial; civil proceedings; electronic justice; access to justice; principles of justice; information technology.

Wide Application information technologies in all areas public relations is a consequence of the fact that informatization has affected arbitration and civil proceedings.

The improvement of the means of social communication, which led to an unprecedented acceleration in the exchange of information in the history of mankind, could not but change the nature of the interaction “person - society - state”. This could not but affect civil proceedings, which represent one of the most important forms of such interaction.

The most developed economically and technically foreign countries For a number of years, information and communication technologies have been actively introduced into the judicial system and legal proceedings, which radically changes the judicial system and allows us to talk about the formation of electronic justice.

The process of informatization of legal proceedings for each country is individual both in the nature of the activities carried out and in the time of application. In all countries, the introduction of information technology into

courts was accompanied by the adoption of normative legal acts regulating electronic document management, and the development of special software. In Russia, work on informatization of courts has been carried out for quite a long time. The use of information technology in the Russian Federation is relevant for many reasons. This is, first of all, the large territory of the country, the institutional nature of judicial activity and other circumstances. The result of computerization of courts is the concept of e-justice.

The world today is developing in the paradigm of information technology and is moving towards the formation of a “network” society living online. The Internet and the opportunities it provides have firmly taken a place in the lives of the majority of the population, so it is very logical that “electronic justice” is becoming widespread, and this term has different content and interpretation for different countries. Among the main goals of e-justice, foreign commentators highlight the following: to make judicial institutions more accessible, to improve

© Kondurina Yu. A., 2016

management of “paper” procedures, reduce work time court workers.

Electronic justice is a system consisting of elements that provide access to information about the activities of courts and judicial automation systems. Electronic justice is a collective term, since this concept displays the characteristics of a collection of homogeneous elements that constitute a single whole; the content of such a concept cannot be attributed to each individual element, only to the entire aggregate as a whole.

Electronic justice seems to be only a tool, a technology that allows, at a new stage in the development of society, to make the consideration of cases in courts more efficient, to optimize the consideration of cases.

Having analyzed the current procedural legislation, we can identify the following main elements of the e-justice system:

1. Submission of procedural documents in electronic form through the official website of the arbitration court on the Internet.

2. Formation of the court composition, provided by the automated information system (AIS) “Court proceedings”.

3. Posting information about the progress of the case on the courts’ website. Receiving automatic notifications about the progress of the case through the Electronic Guardian system. Receive court notices in electronic form.

4. Electronic evidence.

5. Audio recording of court hearings.

6. Application of a video conferencing system.

7. Posting in the automated information system (AIS) “Judicial Proceedings” and in the file of arbitration cases on the court’s website of judicial acts on all cases considered by arbitration courts. Posting of judicial acts in the state automated system Russian Federation(GAS) "Justice."

The use of electronic tools in arbitration and civil proceedings is intended to ensure absolute openness and accessibility of courts, improve the quality

in judicial work, reduce costs and create maximum convenience for participants in the process. The e-justice system allows you to most effectively and efficiently build organizational and procedural relations between courts and within courts, as well as between courts and persons participating in the case.

The use of modern information technologies is most effective in arbitration and civil proceedings, provided that the principle of accessibility of justice is ensured.

In legal literature, the principle of accessibility to justice is understood as the opportunity provided by law to freely go to court to protect one’s rights and obtain legal protection.

The content of the principle of access to justice is not disclosed in the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. In accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part its legal system. The Russian Federation joined the Council of Europe on February 28, 1996, and then joined the European Convention for the Protection of Human Rights and Fundamental Freedoms on November 4, 1950. According to the Federal Law of March 30, 1998 No. 54-FZ “On the ratification of the Convention for the Protection human rights and fundamental freedoms and the Protocols thereto” Russian Federation in accordance with Art. 46 of the Convention recognizes ipso facto and without special agreement the jurisdiction of the European Court of Human Rights as compulsory in matters of interpretation and application of the Convention and its Protocols in cases of alleged violation by the Russian Federation of the provisions of these treaty acts, when the alleged violation took place after their entry into force in relation to the Russian Federation. Federation.

The effect of the Convention for the Protection of Human Rights and Fundamental Freedoms entailed the introduction into civil and arbitration proceedings of the Russian Federation of principles not directly enshrined in Russian legislation. These principles include the principle of accessibility to justice.

In Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Right to fair

first trial") states that everyone, in the event of a dispute about his civil rights and duties or when facing any criminal charge, is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The judgment is announced publicly, but the press and public may be excluded from court hearings during all or part of the trial for reasons of morality, public order or national security in a democratic society, and when the interests of minors so require, to protect the privacy of the parties or, to the extent strictly necessary in the opinion of the court, in special circumstances where publicity would prejudice the interests of justice.

The principle of accessibility of justice assumes that every citizen should have a real, practical opportunity to protect their rights in court. The accessibility of justice is also manifested in the absence of excessive obstacles to going to court and considering a case in court, and in the adequate amount of state fees.

The main criteria for assessing access to justice are:

1) awareness of the courts, their structure and operating procedures;

2) awareness of the procedure and conditions for submitting applications;

3) the amount of legal expenses;

4) the opportunity to use the services of representatives.

The use of modern technologies in civil and arbitration proceedings makes corresponding changes in the practical implementation of the principle of accessibility to justice.

The first two criteria reflect general organization judicial activities. In addition to posting relevant information on stands, in brochures, etc., located directly in a special (for visitors) court premises, to ensure accessibility of justice, it is necessary that this information be posted on court websites.

No. 262-FZ “On ensuring access to information about the activities of courts in the Russian Federation”, the principle of accessibility to justice is effectively implemented according to the first two criteria.

Federal Law “On ensuring access to information about the activities of courts in the Russian Federation” in Art. 6 provides that one of the ways to ensure access to information about the activities of courts is to post information about the activities of courts on the Internet information and telecommunications network.

According to Art. 10 of this Law, courts use the Internet to post information about the activities of courts, where they create their official websites indicating email addresses to which a request can be sent. The Law also provides that in order to ensure the right of an unlimited number of people to access information in places accessible to information users (in the premises of state authorities, local governments, state and municipal libraries, other accessible places), connection points may be created to the Internet.

Article 14 of this Law contains a list of basic information about the activities of courts posted on the Internet:

1) general information about the court (name of the court, name of the judicial district over the territory of which the jurisdiction of the court extends, mailing address, email address (if available), telephone number where you can get reference information; organizational structure courts, as well as structural units court apparatus; powers of the court; a list of laws regulating the activities of the court; rules of the court, instructions for office work in court and other acts regulating the internal activities of the court);

2) information related to the consideration of cases in court (requirements for the form and content of documents used when applying to the court, and (or) samples of these documents, the procedure for submitting these documents to the court; information about the amount and procedure for paying state fees

fees for categories of cases to be considered in court; information about cases in court: registration numbers of cases, their names or the subject of the dispute, information about the progress of cases in court, as well as information about the issuance of judicial acts based on the results of consideration of cases (set for hearing, indicating the date, time and place of the court hearing, considered, postponed, suspended, terminated, a settlement agreement was concluded, the application was left without consideration, otherwise taking into account the specifics of the relevant legal proceedings);

3) texts of judicial acts published taking into account the requirements of the Federal Law, information about their appeal and the results of such an appeal, and when publishing judicial acts - information about the sources of their publication; procedure for appealing judicial acts;

4) clarifications, summaries and reviews of issues judicial practice consideration of cases by courts;

5) the procedure for familiarizing the persons participating in the case with the case materials;

6) telephone numbers where you can obtain reference information, including information about the progress of cases pending in court;

7) information about extra-procedural appeals received by judges on cases pending in their proceedings, or by the chairman of the court, his deputy, the chairperson of the judicial staff or the chairman of the judicial panel on cases being processed by the court, including the content of extra-procedural appeals and information about their subjects ;

8) judicial statistics data;

9) information about staffing ships and so on.

Accommodation specified information on court websites significantly facilitates access to justice for various subjects of public relations. This information must be posted within a time frame that ensures the timely implementation and protection by information users of their rights and legitimate interests (Part 7 of Article 14).

In addition, the possibility of implementing the principle of accessibility of justice, taking into account

the first two criteria are increased significantly taking into account the use and development of such elements of the electronic justice system as placement in the automated information system (AIS) “Judicial proceedings” and in the file of arbitration cases on the court’s website of judicial acts on all cases considered by arbitration courts, placement of judicial acts in the state automated system of the Russian Federation (GAS) “Justice”, filing procedural documents in electronic form through the official website of the arbitration court on the Internet, posting information about the progress of the case, receiving automatic notifications about the progress of the case through the “Electronic Guardian” system, receiving court notices in electronic form.

One of the main elements of the e-justice system is the use of videoconferencing in courts. The use of videoconferencing in arbitration and civil proceedings provides persons participating in the case and other participants in the process with the opportunity, with the assistance of the court at the place of their actual location, to directly participate in the court hearing. Participation of persons in the trial via videoconferencing affects the third criterion of the principle of accessibility of justice (the amount of court costs), as it allows to reduce the amount of court costs due to the fact that such persons do not incur travel costs to the place of consideration of the case and living expenses and also save your time.

As for the fourth criterion (the ability to use the services of representatives), the capabilities of the electronic justice system make it possible to simplify access to justice; justice becomes accessible even without representatives. Placing samples of statements, appeals, complaints on court websites, providing special computer programs in calculating the state fee, determining the terms, jurisdiction and jurisdiction of cases, they create wide opportunities for participation in legal proceedings for persons who do not have a special legal education and who do not want to use the services of representatives for some reason.

On the one hand, new technologies simplify access to justice, on the other hand, they can limit it. We are talking about a category of persons participating in the case who do not have the skills to work with modern information technologies or do not have the appropriate equipment, software, or the ability to use the Internet. Such persons will be forced to seek help from professional lawyers, which significantly narrows their right to access to justice, and in the absence of sufficient financial opportunities to obtain professional legal assistance, such a right will not be realized. Taking into account this factor, the establishment of electronic judicial communication as the only form of communication between participants in civil and arbitration proceedings, when the right to use electronic technologies becomes an obligation, will create excessive obstacles to going to court and limit the accessibility of justice as an opportunity for citizens to freely exercise their right to judicial protection.

In this case, the experience of Israel is interesting, where one of the acceptable decisions was made: to provide the possibility of electronic filing of documents with the court free of charge in special clinics, as well as in community centers, where documents submitted in writing are scanned and entered into the information system by employees of the apparatus of such organizations. Other options for solving the problem also deserve attention, for example, creating similar systems in court buildings.

Thus, a condition for the effective use of modern information technologies in arbitration and civil proceedings is ensuring the accessibility of justice. At the same time, new technologies are making changes to the implementation of the principle of accessibility to justice. Medium

Thanks to electronic technologies, access to justice is simplified. The main problem associated with the principle of access to justice is the issue of imperativeness electronic form process. It seems that such a mandatory requirement would be incompatible with the principle of accessibility to justice, since the right of access to justice and the right to be heard by a party who does not have technical equipment or access to the Internet will be disrupted if an optimal solution is not found that will provide the opportunity for participation in legal proceedings for the specified category of participants in arbitration and civil proceedings.

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6. Sidorenko V. M. The principle of accessibility of justice and the problems of its implementation in civil and arbitration proceedings: abstract of thesis. dis. ...cand. legal Sci. - Ekaterinburg, 2002. - P. 7.

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