Цифровые технологии в цивилистическом процессе: некоторые проблемы и перспективы
By the virtue of the analysis of the current state of development of digital technologies in civil procedure, as well as the existing legal doctrines on such technologies the article delights some problems and prospects of the implementation of digital technologies in civil procedure, which were not previously covered or were covered insufficiently. Particularly on the basis of the analysis of prevailing legal doctrines on the essence and the role of technology in civil proceedings, there is an attempt of a setting of a problem of economic efficiency of digital technologies implementation in civil procedure. As the result of the analysis of the specific requirements for civil procedure and the experience of practical implementation of digital technologies in procedural law, it is concluded that socio economic and psychological aspects of the problem makes the Russian law enforcement system being not ready to implement such technologies as the only way of execution of justice. Ultimately it leads to the construction of a double infrastructure of justice and inefficient spending of funds. Based on the actual state of scientific understanding of the problems of implementation and use of robotics and artificial intelligence, some of the most problematic aspects of such an implementation in civil procedure are identified. In particular, it is indicated that efficient implementation of such technologies requires the formulation and solution of a number of problems; the authors formulate these problems and propose the possible approaches to their solution. From the standpoint of the theory and practice of the modern notary, the article considers the prospects, limitations and possible problems associated with the blockchain and biometric identification technologies in notarial activities. In particular, based on the analysis of the advantages, disadvantages and technical specifics of blockchain technology, it is concluded that blockchain is not yet ready to be universally used in notarial activities. Based on the specifics of biometric data as one of the types of personal data, the authors following the foreign experience offer a differentiated (depending on the purposes and spheres of usage) approach to the legal regulation of biometric identification in notarial activities. Taking into account the actual level of the legal doctrines and practical implementation of digital technologies in enforcement proceedings, the article proposes an legal regulatory approach according to which the further development of enforcement proceedings should fits with the main trends of developments of civil procedure and civil circulation, i.e. to strive for “deritualization” and “dematerialization” of law. In this regard, the authors delight the main problems and prospects for further digitalization of Russian enforcement proceedings.