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Кайбылдаева Бегаим Мухитовна
Генеральный директор ОсОО “Бизнес Софт”
Управляющий директор ОсОО «Мобайл Сервис Групп»
Арбитр МТС при ТПП КР, Медиатор, Юрист
Лингвист, Член АЮК, Член КРКП и СБС, Член РСМ и НЦМ
The submitted article is devoted to information technologies in the civil and arbitration process. The article also discusses the results of application of information technologies in civil and arbitration processes, their impact on the accessibility of the court and ensuring the equality of parties.
Currently, there is another stage of the technological revolution - formation of the information society. Modern information and communication technologies significantly change not only the methods of performance of products and types of services, but also leisure activities, parenting, realization of civil rights. ICTs have a decisive impact on changes in the social structure of society, the economy, and the development of democratic institutions.
The activities of both the state and individuals particularly are increasingly dependent on their awareness, knowledge, and the ability to effectively use information.
Information today is a resource that determines the level of development of the state. The transition to information society will provide informatization, and therefore we can safely talk about informatization as a strategic course of society.
The information revolution highlights the new industry - the information industry associated with the production of technical means, methods, technologies for the production of new knowledge. The most important components of the information industry are all types of information technologies, especially telecommunications. Modern information technology is based on advances in computer technology and telecommunications.
Information technology - a process that uses a combination of means and methods of collecting, processing and transmitting data to obtain new quality information about the state of an object, process or phenomenon.
At the present stage of the development of society, in which information becomes the main value, qualitative changes are taking place in relations between society and the state, people and government agencies, the rights and obligations of authorities and citizens are reassessed in the information sphere, and the importance of citizen rights to access information is growing. The formation of the information society is fundamentally changing our attitude to information, including the right to access information created by government bodies in all areas and at all levels.
The formation of legislative frameworks guaranteeing citizen access to information held by the authorities is a generally accepted standard in the work of a modern democratic state.
The rapid development of information technologies over the past decade and the associated with this, the transfer of part of the commercial turnover to the Internet naturally cause a large number of procedural issues.
The use of information technologies is an innovation of modern law. Indeed, at present, modern information and communication technologies are widely used in many spheres 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.
Thus, the possibilities of electronic expression of will on the Internet, the conclusion of transactions in electronic form are closely related to issues of proof. In turn, a formalized judicial civil procedure, which is predominantly written in nature, should also not be left out of the accelerating business turnover and existing modern technologies. An increasing number of cases, assignment of judges, cannot and should not be solved only by an increase in the number of judges and court staff. This approach is not very effective and is associated with serious costs for the state. The use of information technologies in legal proceedings can significantly reduce the burden on judges, financial costs, increase the attractiveness of the judiciary as a modern and equipped branch of government in the eyes of the people.
The main objective of the development of the national judicial system is currently called improving the quality of justice and improving the judicial protection of the rights and legitimate interests of citizens and organizations.
Modern civil proceedings are undergoing a stage of serious transformation, which is manifested in several basic reform trends: simplification of the civil procedural form and its differentiation, increased activity and responsibility of process participants, informatization of court proceedings and court support activities. The indicated tendencies can be traced in all the current and proposed legislative changes, but by no means consistently.
Novels are developed and implemented separately, outside a single systematic approach, their content reveals inconsistencies and contradictions that reduce the enforcement value of the changes. At the same time, a reasonable combination of the main directions of the development of civil procedural legislation, their comprehensive development is able to solve the problems facing the legislator more effectively.
One of the key areas of the package of measures to improve quality is the informatization of the judicial system, the introduction of modern information technologies in its activities. It should be noted that in one of the first comprehensive studies to assess the quality of court resolution, it is noted that the main criteria by which the quality of court proceedings assessed are: the social function of the courts, access to justice, procedural justice and trust in the court.
Undoubtedly, new technologies and convenient software are invoked to solve some departmental tasks: reducing postal expenses, instant access to case materials, which, in turn, should lead to increased efficiency in decision-making and facilitate the work of courts. At the same time, one of the main goals of introducing information technologies should be considered to increase the accessibility of justice, ensuring the constitutional right of everyone to judicial protection. Such an understanding of the multidimensional use of information technology is reflected in the very understanding of accessibility, which has a judicial, financial, organizational and procedural side.
Even in the pre-revolutionary procedural doctrine, among the requirements for the civil process, its convenience for litigants and judges stood out. It was noted that the judicial system should be such that a citizen in need of protection of the right could quickly and easily obtain it and at the same time that the court addressed by the citizen was able to satisfy the demands without unnecessary labor. The shorter and easier way from filing a lawsuit to a court decision, the more perfect the process.
With their skillful use, modern technologies can significantly shorten or facilitate the path to judicial protection, i.e. to some extent also serve the purpose of optimizing civil proceedings. At the same time, it is important to understand that the introduction of information technologies in the civil process should provide for a balanced and cautious approach, since along with the advantages of such technologies may also carry risks.
Accordingly, the issue of further development in this area must be considered, including from the perspective of increasing or decreasing the availability of justice. In this case, it is not only about taking into account the interests of the parties to the process, not each of them may have access to modern communication tools, but also about the readiness of the judicial system to such changes. There is a need for further training for judges and court staff.
The application of modern information technologies in judicial activity is not only access to information, it is also a qualitative change in the judicial process, which allows organizing “electronic” justice. With varying degrees of activity, many states are creating conditions for e-justice, which is undoubtedly a global trend.
One of the priority areas for the development of the judicial system is the introduction of e-justice. Despite the fact that world practice demonstrates the possibility of achieving justice through the introduction of information and communication technologies in the judicial system, which reduces the complexity of work processes, draws up court hearings, in the administration of justice from the moment of going to court to the execution of judicial acts, in judicial practice the system of the Kyrgyz Republic has not yet introduced “e-justice” due to the lack of appropriate conditions and financial resources.
One of the directions of increasing the informational openness of government bodies, including judicial ones, is the development and widespread use of information and communication technologies in their activities in order to effectively interact with citizens and organizations.
Modern information and communication technologies make it possible at a new level to ensure the principle of publicity of the trial, enshrined in the Constitution of the Kyrgyz Republic, by increasing the degree of transparency, accessibility and openness of justice. This implies the informatization of the judicial system and the creation of conditions for electronic justice, which requires the formation of an appropriate legal framework.
The most important factor in ensuring transparency and access of citizens to justice is the creation of the necessary conditions for the administration of justice, that is, the placement of courts in buildings that meet modern requirements for the administration of justice in civil, criminal, administrative and other cases. A reasonable balance is needed between improving the case management process, increasing the attractiveness of the judiciary in the eyes of citizens and ensuring the security of electronic document management.
Courts of all levels and all branches of the judiciary are actively mastering modern information technology. But modern technologies provide more opportunities than the ability to simply post information on websites related to the activities of courts. Along with increasing the openness of the judiciary, the introduction of information and communication technologies in the activities of the courts can increase the accessibility of the judicial system.
Modern information and communication technologies have firmly entered and are rooted in the everyday life of citizens, as well as in the work of public authorities.
The worldwide process of globalization and the spread of the Internet has led to wide use by civil society actors of new opportunities.
In foreign practice, a lot of interesting, from a practical point of view, methods and forms of introducing information technology into procedural legislation have developed.
Such methods primarily include the following:
filing statements of claim, complaints, and documents attached to them in court in electronic form;
use of electronic documents as evidence in the case, possessing the same probative value as their written counterparts;
use of videoconferencing to conduct court hearings in real time.
Thus, the possibility of broadcasting court hearings will help solve the problem of the low capacity of courtrooms and ensure compliance with the requirement for free access to courts. The use of video conferencing for court hearings, filing lawsuits over the Internet and the transition to the formation of electronic court cases will also increase the availability of justice and reduce the time for considering cases.
However, the active use of information and communication technologies in the judicial system requires clear regulation and a change in procedural legislation that would allow the idea of “electronic justice” to be implemented.
It should be noted that foreign practice attaches importance to identification, using electronic signatures, logins and passwords for this.
The advantage of electronic document management is that users of the system have the opportunity to submit documents 24 hours a day, without wasting time waiting. With the help of electronic document management, it is possible to quickly obtain copies of documents submitted by the parties, various notifications, etc. The court also received the opportunity of electronic communication with the parties, including judicial notification of persons participating in the case.
In connection with the development of e-justice for the Kyrgyz Republic, foreign experience is of great interest, and especially of those countries that hold the palm in this matter. One of the historical sources of procedural law is called German law. In addition, it should be noted that among the countries of the Romano-German legal family, it is Germany that has quite a lot of experience in the implementation of information technologies in legal proceedings.
it is understood that electronic notification of persons participating in a case is not a novelty in a number of countries, but approaches to it may be different: in some countries, electronic notification of persons involved in a case about the time and place of the trial is mandatory, in others - voluntary.
For example, in Germany, both traditional and electronic notification methods are used. However, a prerequisite for using the electronic form for transmitting judicial notices is the consent of the participants in the process to use this method.
In many countries, there is a requirement that an electronic document be signed with an electronic signature that provides protection against unauthorized access by third parties. For our country, electronic signature is a problem holding back electronic document circulation in all spheres of society.
An electronic document management system (elektronische Rechtsverker) is chosen as the starting point for reforming the German legal proceedings regarding the introduction of modern information technologies. Under such a system in the German doctrine it is customary to understand a reliable, legally valid exchange of electronic documents between lawyers, citizens, state institutions and courts.
The concept of “electronic document” is legally enshrined in the German Civil Procedure Code and implies any information in electronic form, the contents of which can be read using written characters. In addition, another very important requirement is presented to this document, namely: the document must be saved in a way that allows it to be accessed repeatedly and for a long time. In turn, the legislative definition of an electronic document in our country is contained in the Law of the Kyrgyz Republic "On Electronic Signature" dated July 19, 2017 No. 128.
The practical use of videoconferencing revealed a number of pressing problems requiring legislative resolution, first of all, the question arises of the possibility of ensuring the principle of direct examination of evidence by the court considering the case. At the moment, there is no legislative provision for the process of providing the original documents to the court, which is an integral part of the proceedings. Also, the mechanism for providing new evidence, filing motions, and acquaintance with the other party to the case is not clear. In addition, a practical question inevitably arises related to different watch poles. Nevertheless, it can be stated with confidence that one of the undoubted advantages of introducing the possibility of using videoconferencing is the reduction of economic costs for participants in legal proceedings, which in itself is a weighty argument in favor of the active use of this type of communication.
In order for the persons participating in the case to exercise their rights and receive the necessary information on the progress of the case in time, the court must have a well-tuned information system and the deadlines for posting the established information on the court website. The “electronic justice” portal in the mode of personified access should provide a full summary of the case.
The courts of general jurisdiction are also moving along the path of introducing information technologies. The Automated Information System of the District Court of the Kyrgyz Republic is created. The Automated Court Information System is developed to increase the efficiency and quality of the courts by increasing the openness and transparency of the judicial system.
The AIS of the Court is a large-scale project, which in the next 5 years is planned to cover all courts of the Republic.
Civil litigation is the first unit in the automation of the processes through which a lawsuit goes.
The use of the AIS of the Court in legal proceedings allows you to automate the path of a court case from the moment it arrives in court to a decision and a possible subsequent appeal, and manage document flow. Centralized system management ensures the reliability of information storage.
The AIS of the Court forms a bank of court decisions without additional resources and financial costs.
The automated information system is integrated with the electronic document management system, which contains the function of preparing texts of court documents using a text editor, based on pre-loaded document templates. This function is intended to facilitate the preparation of documents for employees of local courts.
The formation of the history of the life cycle of a court case occurs automatically - in the system all information is recorded in chronological order, the case history is displayed.
Forensic statistics and reports are automatically generated from the AIS of the Court.
The project involves a significant modification of the user environment - workplace. With the automation of judicial business processes, the principle of processing documents is changing. A system for assigning a barcode to each document is introduced. Stickers with bar codes give you the opportunity to quickly access information about the lawsuit. Barcode scanners, high-speed streaming document scanners are a prerequisite for the deployment of the AIS Court project.
The AIS of the Court is a project that significantly changes the principle of document management of the judicial system, changing the view of the judicial system, increasing its openness and transparency.
The AIS of the Court automates business processes related to electronic proceedings:
Creating a case file;
Process of registering a court case, materials on court cases;
Automatic scanning, recognition and distribution of scanned documents in court files;
Process of automatic / manual distribution of cases among judges.
A multi-criteria module for automatic distribution of cases has been introduced into the system. When assigning a case to a judge, the program takes into account the complexity of the category of the case, the load factor of judges (LFJ), the complexity of the court case, the uniform distribution of categories and other factors.
The block of processes related to the handling of the case by the judge and the court apparatus: direct legal proceedings, including the stages of preparing the case for the court session, displaying the fact of the court session, enforcement proceedings, archive - i.e. the full path of the document, the court case;
The AIS of the Court includes built-in capabilities for working with court documents. The system allows using templates to quickly and efficiently prepare documents on court cases;
The information system includes a built-in designer of business processes, which allows you to set the path of court cases and other court documents, assign the right of users at the stages of the progress of cases, as well as set deadlines for each stage for further control;
The AIS of the Court automates the generation of all statistical reports approved by the National Statistical Committee of the Kyrgyz Republic;
The AIS of the court also generates various reports in the process of working with the system.
Achieving the effectiveness of justice is possible through the introduction of information and communication technologies in the judicial system, which reduces the complexity of work processes in the administration of justice from the moment of appeal to court to the execution of judicial acts.
The introduction of ICT in the judicial system involves the preparation of appropriate court infrastructure. For these purposes, an inventory of ships is carried out to identify the missing computer and network equipment. An infrastructure modernization plan has been drawn up and work has begun on its implementation.
All local courts have a basic level of infrastructure to support the operation of the main information systems: sets of computer equipment are purchased to support the staff of ships, local computer networks are conducted, and qualified technical support is organized. The foundations have been laid for the formation of a data processing center and a certification authority for the integration of information systems. Many courts have installed indoor and outdoor video surveillance systems and access control and accounting systems for buildings.
The specialized site for the publication of judicial acts (www.act.sot.kg) is permanently maintained and access is provided in the courts to work with the site. Timely modernization of site software is underway. In the future, the integration of all software for the formation of a state automated system is required:
State Register of Judicial Acts, Specialized Website for the publication of judicial acts (www.act.sot.kg) Database of Debtors of the BD, Automated Court Information System (the AIS of the Court), Software for automated case distribution in the Supreme Court, Electronic Document Management System in the Constitutional Chamber, Unified Portal of the Judicial System, Software for automating the activities of the Judicial Department and regional administrations, Software for counting the votes of the Council for the Selection of Judges, Program of electronic testing of judges and bailiffs at the Higher School of Justice.
As of this date, the introduction of electronic communication between the court and the participants in the process leads to a reduction in the time for consideration of cases and lower postal costs, firstly.
Secondly, conducting business in electronic form allows to instantly access the necessary documents or judicial acts, and also eliminates the need for manual transportation of files from the archive.
Thirdly, the use of specially designed automated electronic systems for legal proceedings greatly facilitates the control over the procedural deadlines, dates of court hearings, significantly affects the time limit for the consideration of the case as a whole, and allows to sort, organize and present to the judge information about the case and its participants.
Fourth, there is undoubtedly an advantage in the use of electronic archives, as this leads to lower economic costs of archiving, and also allows you to store documents for a longer period without harming them.
On the other hand, technological progress every day requires an ever-higher level of knowledge and skills from the human individual. The massive number of technical devices, their introduction into production and everyday life is ahead of the intellectual (and especially moral) level of mass consciousness. Information technology, introduced into legal proceedings, in this sense is no exception.
Elements of electronic support of justice, both already implemented in civil and arbitration proceedings, as well as those planned to be invested in procedural forms, require a person who goes to court to protect the rights and legitimate interests, and a person who defends himself/herself from made claims, not only legal knowledge, but also a fairly high level of technical literacy. Therefore, for the most citizens, many of the benefits of e-justice may not be available.
It must be understood that the process of introducing innovative technologies cannot be exclusively positive. Any reform has its consequences and shortcomings, gives rise to contradictions and more and more new questions, some of which can be formulated now, while others can be identified only in the course of law enforcement practice.
The main problems that create a barrier to the active implementation and use of information technologies include the following: lack of adequate funding, poor technical equipment of the courts, absence of sufficient specialists in the courts capable of “serving” the entire range of electronic services, low level of awareness of citizens, and also, often, the deficiency of the opportunity for citizens to participate in electronic communication with the court. It seems possible to solve the last problem by creating special centers for receiving applications, where they would not only assist in the preparation of applications, but also in sending them by e-mail.
It is important to focus on the fact that electronic communication between the court and the participants in the process is not mandatory, but rather an addition, the principle of dispositivity is manifested here. Strict adherence to this principle is designed to ensure the reliability of mutual exchange of information, the ability to identify interested parties and verify the reliability of their will.
Also noted is the lack of coordinated interaction between the courts and state authorities, local governments, commercial organizations, as well as the shortage of legal support. The possibilities of using video conferencing in the arbitration process are considered.
No matter what benefit the presence of information technologies in society, their active application in the arbitration process, there are a number of shortcomings and the problems arising from the use of these technologies.
One of the first problems is the difficulty of training new personnel in the basic rules for using automated information systems and resources used in arbitration courts. If the younger generation can quickly learn new knowledge and understand the application of information technology, then the older generation has some difficulties here. Existing employees of the court apparatus may find it difficult to get used to new technology, periodically updated computer software, new, more advanced versions of automated information systems and resources.
It should also be noted that highly qualified specialists in the field of legal informatization should work in the court apparatus, which contributes to the quality of the systems, as well as timely assistance to the court apparatus in identifying any failures of these systems.
Due to the high cost of high-quality hardware, software, licensed programs, and the lack of adequate funding, the pace of introducing new information technologies into the system of arbitration courts is slowing. In addition to financial problems, there are also human factors. Such as dishonesty of some employees and corruption.
An important problem is the lack of coordinated work between the individual actors of the information society. Difficulties arise due to the insufficient equipment of individual organs with new technologies, modern technology, and most importantly, trained and competent personnel. Lack of necessary interaction between the court and state authorities, local self-government leads to ineffective work and postponement of court proceedings until a later date.
Discretely, it should be noted that in the Kyrgyz Republic not all regions have the same level of informatization, which is one of the main constraints on the development of information technology.
It must be understood that a high level of informatization of courts contributes to the introduction of new technologies and, as a result, leads to a simplification of the work of both the courts themselves and the citizens and organizations that contact them.
Separately, one can distinguish such an aspect as the complication and improvement of software. The fact is that the working possibilities of certain programs are constantly expanding, systems are being updated, but the available equipment is sometimes not able to cope with the data transfer by these programs, since it is not updated as often. It should also highlight legal issues related to the use of information technology in the arbitration process. Today, participants in the arbitration process (claimer or respondent) have the opportunity to submit procedural documents, for example, a statement of claim in the form of an electronic document. The concept of an electronic document is contained in the Law of the Kyrgyz Republic “On Electronic Signature” dated July 19, 2017 No. 128.
Given the territorial features of our country, it can be imagined that the possibility of holding court hearings through video-conferencing has great potential. However, the practical application of video conferencing has revealed a number of pressing problems requiring legislative resolution. First of all, the question arises of the possibility of ensuring the principle of direct examination of evidence by the court hearing the case.
Inevitably, a practical question arises related to different time zones and weather conditions, which cannot always ensure the presence of their representatives in court. Among the undoubted advantages of introducing the possibility of using video-conferencing include the reduction of economic costs for participants in legal proceedings, which in itself is a weighty argument in favor of the active use of this type of communication.
When introducing information technologies into the arbitration process, one may also encounter a requirement to ensure the authenticity of documents submitted to the court in electronic form and to prevent possible abuse by unscrupulous persons when applying to the court in electronic form; the need to ensure the confidentiality of personal data of participants in the process in the conditions of free access to the materials of court cases; the requirement to ensure the accessibility of the civil justice system and the opportunity to receive legal assistance in civil cases for persons who do not have a legal education and do not have the means to pay for the services of a qualified representative; the need to overcome the “technological, electronic inequality” between citizens belonging to different sectors of the population and having a different level of literacy.
Admissibility and mandatory use of electronic documents in normal economic circulation, i.e. giving them legal force is inextricably linked with the possibility of their use as evidence in judicial and arbitration proceedings. The ability to use these documents in case of a dispute is one of the conditions of their legal force. Such an opportunity should be established in the relevant regulatory acts, which, in fact, sets the stage for their use in economic circulation both inside and outside those management systems where electronic documents are created.
The specificity of electronic documents is related to the fact that they are prepared using a computer. Significantly change the form of documents, the conditions for checking their authenticity, methods of certification.
The problem of the electronic document, its use is not only domestic, but also interstate, since the participation of the Kyrgyz Republic in foreign trade leads to the need to take into account new conditions for the creation and operation of a non-traditional document. Relevant for foreign trade practice is the question of the conditions under which the arbitration courts, according to national law, can accept information stored in computers for proof and consider it identical to the one that was originally entered into the computer.
Subject to resolution is the question of the periods of storage of information in computer memory, since they may be required in the event of a case being considered in an arbitration court. It seems that in this area there is a need for timely preparation of scientific recommendations and practical solutions.
The legislation of a number of foreign countries has norms that establish the procedure and procedure for using electronic documents.
In legal science, there are a wide variety of views regarding the expansion of evidence. For example, a number of scientists are opposed to highlighting sound and video recordings as independent means of proving.
Electronic documents have significant specificity, which should be reflected in the substantive and procedural legislation. In any case, it is hardly possible to automatically equate electronic documents with traditional written documents, and other modern sources of information with material evidence. Since there are specific requirements for the form of an electronic document, which provide the evidence-based function of the document.
For example, if it is possible to put a seal and a signature on a written document, then this procedure cannot be done on an electronic document. A computer system can memorize events occurring with it in the form of standard records for all computer systems without distortion and destruction, while it is possible with a specified storage period. Such records are associated with structural changes in the substance of the carrier and at first glance could be considered as material evidence.
However, just as it is impossible to analyze and reproduce images captured in the human brain by directly examining the brain matter, bypassing the thought process, it is practically impossible to extract information from the computer memory by directly analyzing the physical properties of the substance - the information carrier, bypassing the computational process. Therefore, recording on magnetic media in the general case is impractical and incorrect to classify as evidence.
However, the information contained in the memory of one computer, in most cases, can be reproduced on another computer. This distinguishes an electronic record from memorization by a person and, to some extent, makes it similar to documentary written evidence. In civil law, in the event of a conflict under the contract and its transfer to the court, the document carries the function of certifying a significant fact, i.e. serves as evidence. In this case, the court accepts a paper document and independently determines its content.
For this, the court does not require any equipment, since the information is fixed on the medium using a traditional sign system in a certain language and can be directly perceived by the court. In relation to an electronic document, the question of using it as evidence in court cannot be resolved so simply.
Thus, the problems of using information technologies in the arbitration process are completely solvable, but require constant monitoring, as well as technical and legislative improvements.
Moreover, the introduction of new technologies does not necessarily lead to an automatic increase in the accessibility of justice, since it is always necessary to take into account a number of factors. The main factors, for example, can be attributed to: the presence of an effective and stable system for identifying users of information systems, maintaining a balance between electronic and paper circulation (not all users have access to modern technologies), ensuring the proper level of security of systems and advanced training of public servants.
Maintaining a balance between electronic and paper circulation, stability and security of information systems, in turn, are designed to guarantee compliance with and implementation of the most important principle of the civil process - equality of parties. That is why a complete transition to electronic legal proceedings is not possible until the availability of such a model for each participant in legal proceedings is guaranteed.
At the same time, even the introduction of a mixed model of electronic-paper circulation does not remove the risks of violating the principle of equality of parties, if the system can be easily hacked or is unstable. A party with access to modern information systems is entitled to rely on the state in matters of stability and security of such systems, as well as on the usual working hours of the court registry. Violation of such expectations (for example, failure to deliver a statement of claim in electronic form on the last day of the limitation period) can equally violate both the principle of equality of parties (in comparison with the party that used the traditional method of filing a lawsuit) and everyone’s right to justice and judicial protection.
As domestic experience shows, from the introduction of information technology it is most reasonable to expect an increase in the openness of the judicial system and giving it a modern look in the eyes of society.
However, it is impossible to unambiguously consider predicted even such an apparently obvious result of using modern technologies as increasing accessibility. The fact is that the problem of accessibility of justice in its traditional form can be transformed into the problem of digital accessibility of justice (difficulties in redirecting, technical malfunctions in the operation of Internet portals, etc.).
In order for new information technologies to be introduced into legal proceedings, they must meet high criteria of reliability and security, but at the same time, it is necessary to take into account the prevalence in society of various methods to ensure the reliability and security of electronic documents.
A reasonable balance is needed between improving the case management process, increasing the attractiveness of the judiciary in the eyes of citizens and ensuring the security of electronic document management.
Introducing information technology into cases of disputed (lawsuit) proceedings, one should not forget about the existence of other types of civil proceedings, in particular, writ proceedings.
Compared with traditional (lawsuit) proceedings, the production of a court order is characterized by a simplified procedural form, which is based on the alleged indisputability of the applicant claims and significantly facilitates the process of possible electronic communication between the applicant and the court.
Accordingly, the high percentage of the number of cases resolved in the order of writ proceedings, and the alleged indisputability of the applicant claims, together with the absence of the need for a court hearing, make it possible to speak of a very rich (but unclaimed) potential for using information technologies and even some automation of the order proceedings.
For example, the ICA CCI has already developed an information platform for studying the legal framework of the Alternative Dispute Resolution (ADR).
The international platform, it is an electronic document management system under the legislation of the ADR, has been created and is now at the stage of filling with information.
Arbitral tribunals of other states can participate here to join and post relevant legislative documents, regulatory legal acts and other information on the activities of arbitration institutions on the platform.
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