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Transformation of Non-judicial Legal Procedures Under the Influence of the Internet

  • Marina L. DavydovaEmail author
  • Vladislav O. Makarov
  • Danil V. Kononenko
Chapter
Part of the Studies in Computational Intelligence book series (SCI, volume 826)

Abstract

The aim of the study is to research the impact of the Internet on non-procedural legal procedures. The research methodology is based on the application of general logical methods, system-structural and formal-logical methods. Such special legal methods of cognition as formal legal, comparative legal, and legal methods of interpretation of legal norms were also used. As a result of the study, the following directions for the transformation of legal procedures were identified: emergence, change and termination of legal procedures under the influence of the Internet. Procedures were studied using the features of legal procedures distinguished in legal theory: aiming at achieving a legal result; structure that includes sequence of successive behavioral acts; model (program) of development; hierarchy; dynamism; subsidiary character; formal determinacy; combination of rules. The following areas of influence of the Internet and technology on legal procedures are highlighted: systematization of legally relevant information; usage of self-regulation as an important non-processual method of regulation in the Internet; simplification of interaction between the state and citizens in information exchange and receipt of state services; transformation of some procedures in the electronic form; provision of legal procedures with technical capabilities. After emergence and development of various technical tools, they are integrated in the legal system and have a significant impact on the legal infrastructure as an element of the legal system (institutional level of the legal system). There are also new legal procedures that underline, on the one hand, dynamism and flexibility of the legal system and, on the other hand, express its openness: technical and other information is integrated in the legal system enriching it and helping to create new technical legal procedures.

Keywords

Legal procedure Legal system The internet Information and communication technology Self-regulation Procedural 

JEL Classification

K240 K400 

Notes

Acknowledgements

The work was supported by Russian Science Foundation (project No. 18-78-10075).

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Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Volgograd State UniversityVolgogradRussia

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