https://vestnik.volbi.ru/


IMPLEMENTATION OF THE PRINCIPLE OF PUBLICITY IN CIVIL PROCEEDINGS IN THE CONDITIONS OF REMOTE WORK OF COURTS

Back to articles of current journal
PDF: Author(s): Shatunov D. A.,
Number of journal: 2(55) Date: May 2021
Annotation:

The article examines the key aspects of modern features of the implementation of the principle of publicity in civil proceedings. In particular, it analyzes the current limitations of the principle of publicity due to the format of online sessions of civil courts. Despite the large-scale creation of SAS “Pravosudie” (“Justice”) and “MoyArbitr” (“My arbitrator”), as well as the legislative consolidation of the obligation to publish information about the activities of the court, including court decisions, courts of general jurisdiction publish access to online broadcasts of court sessions at their discretion. In general, the level of implementation of online technologies in the judicial system of Russia turned out to be relatively high compared to other countries, but the problem is that the current procedural legislation does not directly provide for the need to broadcast the course of the court session on the Internet, which is carried out by the court’s decision. And in the case of an online session, the very principle of publicity of civil proceedings is violated in this way. At the same time, the issues of the rules of conduct for participants in online meetings, as well as ensuring their reliable identification and a stable communication channel, remain unresolved. In connection with the need for legal regulation of this topical issue, it is proposed to consolidate the compulsory broadcasting of all open court hearings for courts of general jurisdiction and arbitration courts, which will ensure the principle of publicity of the judicial process, as well as give impetus to the development of online processes in our country.

Keywords:

the principle of publicity, civil proceedings, limitations of the principle of publicity, providing access to information on the activities of courts, online sessions, online legal proceedings, electronic justice, remote hearing, openness of the judicial process, identification of participants in the process.

For citation:

Shatunov D. A. Implementation of the principle of publicity in civil proceedings in the conditions of remote work of courts. Business. Education. Law, 2021, no. 2, pp. 277—280. DOI: 10.25683/VOLBI.2021.55.244.