Abstract
Purpose: The article discusses current theoretical and practical issues of introducing electronic technologies into the organization and functioning of the judiciary. Methodology: The research is based on general scientific and private-scientific methods of cognition. The general dialectical method allowed investigating the issue taking into account the laws governing the development of the judiciary in the new informational reality. A structural-functional method was also used, which was used to characterize innovations in the activities of the judiciary. Among the private-scientific methods, the formal legal method is used to substantiate and formulate possibilities for the development of the judiciary in the context of a new informational reality. The statistical method is used in the analysis of the practice of implementing developing information technologies in the activities of justice bodies. The comparative legal method is taken as the basis for identifying the general trends of legal regulation and the practice of applying new information technologies in judicial activity. The authors conclude that the introduction of information technologies in judicial activities is a progressive process, in which innovations introduced as an aid to innovation contribute to the effective provision of justice. At the same time, the evolution of information technology in judicial activities isn’t unlimited. The intensification of the introduction of new information and communication technologies in the process of administration of justice necessitates the preservation of the essential purpose of justice, the existing fundamental elements of the judicial system, in particular, that the human judge is the carrier of judicial power, as well as the principles of justice, such as the immediacy of the judicial process, the principle of availability of qualified legal assistance, etc. It is necessary to establish in the legislation the principle of proportionate integration of the artificial intelligence and analytical human mind in administration of justice.
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Notes
- 1.
Look: for example, the online broadcast of the meeting of the Constitutional Court of the Russian Federation on January 24, 2017 (the Dadin case) // https://www.youtube.com/watch?v=gRUEnIhFE9Y; June 2, 2017 (the case of A.N. Dubovets) // https://www.youtube.com/watch?v=bPtJ3-CUg4U; December 15, 2016 (at the request of the Ministry of Justice of the Russian Federation) // https://www.youtube.com/watch?v=pxX46p2Xuqc; June 9, 2011 (according to the complaint of the Commissioner for Human Rights in the Russian Federation and to Mr. II Boltushenko and Y. Gourman //https://www.youtube.com/watch?v=FDGvkEflQh8.
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The article was prepared within the framework of the RFBR grant “Principles of constitutional law”, project No. 19-011-00058 A.
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Rostovschikov, I.V., Aleshkova, I.A., Molokaeva, O.K. (2019). Judiciary Power and Information Society: New Approaches and Opportunities. In: Popkova, E. (eds) Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT. Studies in Computational Intelligence, vol 826. Springer, Cham. https://doi.org/10.1007/978-3-030-13397-9_22
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