The Latest Trends In The Development Of Civil Procedural Legislation

Abstract

This article analyzes the latest trends in the development of civil procedural law, which are determined by modern informatization, the mentality of Russian society and its individual representatives, as well as the degree of state influence on the positive attitude of most of society to the activities of the judicial system. It is established that within the framework of simplification of civil proceedings as a trend of development of civil procedural legislation the direct competition of the parties – plaintiff and defendant is minimized, which has a negative impact on the quality of justice in civil cases, therefore, the “documentary” competitiveness, which approved itself from the judicial and practical position should be enshrined in law. Regarding the trend of “robotization of justice,” the authors believe that artificial intelligence cannot replace a human judge, because their activity is largely related to the application of evaluation categories, the establishment of legally relevant circumstances for the case, the determining the real legal relations of the parties, the assessment of evidence and, finally, the decision-making based on their personal conviction. The following main directions for improving procedural legislation in the context of the informatization of court proceedings have been outlined: drafting special orders for procedural actions under quarantine or other restrictive measures; introducing digital technologies that simplify and accelerate court proceedings; improvement of the material and technical equipment of courts; and ensuring information security.

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Publication Date

20 January 2022

eBook ISBN

978-1-80296-121-8

Publisher

European Publisher

Volume

122

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-

Edition Number

1st Edition

Pages

1-671

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Isaenkova, O. V., Solovyova, T. V., & Chekmarеva, A. V. (2022). The Latest Trends In The Development Of Civil Procedural Legislation. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 258-264). European Publisher. https://doi.org/10.15405/epsbs.2022.01.42