Rossijskoe pravosudie

The imperative of Russia’s development based on taking into account national interests, the needs of citizens and their families predetermines the innovative format of the evolution of national courts as an element of the digital economy, large-scale tasks for their digital transformation, including the introduction of artificial intelligence technologies. Russian courts are proactively testing the capabilities of modern technologies in legal proceedings, court proceedings and court management, forming a certain maturity in the process of developing and using these technologies. At the same time, the decentralized nature of the introduction of innovations actualizes the need for unified management of digitalization processes and their standardization within the judicial system.

Purpose of the work: based on national and foreign experience, theoretically substantiate the main elements of the strategy for the digital transformation of judicial activity, including the distinctive features of its digital model, as well as the goals, directions, principles, and stages of transformation.

The methodological base consists of traditional techniques and methods of scientific knowledge (dialectical, system analysis, comparative legal, modeling method, etc.).

In the context of socially oriented justice, the work argues for the distinctive features of the digital model of judicial activity (or the court of the future), which should be supported using information technologies, including artificial intelligence technologies. It is argued that digital technologies themselves are neither the goal of transformation nor a value requiring funding. The digital model of judicial activity cannot be identified with legal proceedings and court proceedings, where information technologies, including artificial intelligence technologies, are intuitively integrated. The digital model of judicial activity, reflecting a court focused on the needs of citizens, is characterized by new responsibilities of the courts: in the field of social management, preventive, in the field of strategic planning and data analytics, development of ethical principles for the use of artificial intelligence in judicial activity, etc.

The digital transformation of judicial activity is a multi-faceted, complex, modular, stage-by-stage, developing process, where the participation of judges themselves in the development and testing of modern information technologies is fundamentally important.

The article is devoted to the problems of correlation between the competence of arbitration tribunals and state courts. The author puts forward the concept of constitutional delegation of powers based on the provisions of the Constitution of the Russian Federation on the right to various ways of protecting violated rights and granting the legislator the authority to create an appropriate legal institution of arbitration and define the boundaries of its competence while maintaining guarantees of fair trial and judicial control over arbitral awards, which is limited but essential.

In the special legal literature, the term “administrative procedural tort” has not been widely recognized, and with the adoption of the Code of Administrative Procedure of the Russian Federation, it is used as a procedural violation in relation to administrative proceedings conducted by general jurisdiction courts. However, in accordance with the current procedural laws, failure to comply with or improper compliance with administrative procedural duties and powers, which is classified as a procedural violation, entails the application of various types of administrative procedural coercion measures against the participants and the law enforcement officer in an administrative case, in accordance with the procedures established not only by the Code of Administrative Procedure of the Russian Federation, but also by the Code of Administrative Offenses of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, and Federal Law “On Legal Proceedings Based on Materials on Gross Disciplinary Offenses in the Application of Disciplinary Arrest to Military Personnel and on the Execution of Disciplinary Arrest”. The lack of a systematic scientific approach to the comprehensive study of the theory of administrative procedural torts of participants and law enforcement officers in administrative cases in the modern non-judicial and judicial administrative process allows us to identify some relevant issues regarding the further legislative regulation of the grounds and procedure for the application of administrative procedural coercion measures in accordance with the Federal Law “On Enforcement Proceedings” and federal laws on control and supervision activities.

The aim of this work is a comprehensive study of the legal grounds for the application of various types of administrative-procedural coercion measures for failure to perform or improper performance of administrative-procedural duties and powers during administrative proceedings and administrative court proceedings of the established type. The objectives of the study: 1) to theoretically substantiate the concept and classification of administrative-procedural torts in modern administrative proceedings in the Russian Federation; 2) to identify problematic aspects of legislative regulation of the dual classification of procedural violations entailing the application of administrative-procedural coercion measures, bringing to administrative, disciplinary, and criminal liability.

The study used systemic, logical, and formal-legal methods.

Based on the analysis of the norms of the administrative procedural legislation of the Russian Federation, the article formulates the concept of an administrative procedural tort and proposes a classification of administrative procedural torts based on the subject of the tort into two types: administrative procedural torts committed by participants in the consideration of an administrative case and administrative procedural torts committed by a law enforcement officer in an administrative case. The article also highlights some problematic aspects of legislative regulation.

The current stage of economic and socio-legal development of society dictates the need to use all possible means of legal regulation of social relations. Meanwhile, the courts’ appeal to such primary legal regulators as principles of law is very sporadic.

As a result of the analysis of existing points of view on the legal nature of the principles of law and judicial practice, the following conclusions are drawn in the work: 1) the principles of law have normative content; 2) principles of law can be used to determine the direction, methods, criteria of reasoning and legal justification for a law enforcement decision in cases of interpretation of legal norms, overcoming the uncertainty of legal norms, conflicts and gaps in the legal regulation of labor relations; 3) the abstract nature of the principles of law is not an obstacle to their application; the principles can be specified through the identification of constructive elements in each of them – imperatives.

The article is devoted to the study of the development of the domestic criminal procedural form at the present historical stage by means of its differentiation. In the criminal procedural science, there is an increase in the number of critical assessments of the growing number of variable procedures, formalities and many conditions in differentiated forms. The absence of a single conceptual model and basic criteria for differentiation of the criminal procedural form, unjustified fragmentation of the general form can negatively affect the effectiveness of legal protection.

The study is based on general scientific and specific scientific methods of cognition, which made it possible to analyze sources on the selected topic and synthesize knowledge about the current state of the domestic criminal procedural form. The analysis of opinions presented in the criminal procedural science regarding the grounds (criteria) for differentiation of the criminal procedural form made it possible to formulate significant theoretical conclusions of the author of the manuscript on the issue under study.

The author comes to the conclusion that it is important to maintain a balance between the general form and the features associated with differentiation. The main criterion for differentiating the criminal procedural form, according to the author, should be the subject’s feature, clearly formulated and excluding ambiguity, forming the need to increase the level of protection of rights. The content of the differentiating criterion should predetermine the content of the variable form. The findings are scientifically novel and of practical significance, since they contribute to the improvement of criminal procedural legislation and the development of the science of criminal procedural law.

The article deals with the issues of qualification of crimes committed with public demonstration, including in mass media or information and telecommunication networks (including the Internet). The author studies the explanatory notes to the draft laws aimed at countering the dissemination of destructive content in the information space, explanations of the Plenum of the Supreme Court of the Russian Federation, judicial practice in cases of crimes committed with public demonstration.

On the basis of the conducted research, the author concludes that the commission of a crime with public demonstration implies not only the broadcasting of the crime committed live, but also the commission of the crime in the presence of third parties, as well as the subsequent placement of the process of committing the crime in information and communication networks.

The article aims to identify the role of the Court of the Eurasian Economic Union in the formation of the intellectual property protection system in this integration association. The purpose of the study is to identify the features of the formation of the regional system of intellectual property protection and to determine the role of the EAEU Court in its formation. The purpose of the study was achieved by completing the following tasks: to identify the essential features of the regional intellectual property protection system; based on the practice of the EAEU Court in the field of intellectual property, to propose directions for the development of intellectual property protection within the EAEU.

During the work, methods of analysis and synthesis were used in conjunction with the problem-theoretical method.

According to the results of the analysis of the practice of the EAEU Court, it was revealed that the very limited practice of the EAEU Court on intellectual property issues is due to the peculiarities of its competence, as well as the fact that two competing systems are used within the EAEU at the universal level – within the framework of World Intellectual Property Organization and the World Trade Organization. The competence of the EAEU Court will expand as special agreements are concluded and EAEU acts in the field of intellectual property are adopted.