Makarov V.O. Problems of Publication of Court Decisions on the Internet

Vladislav Olegovich Makarov
Assistant, Department of Constitutional and Municipal Law,
Volgograd State University
This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The influence of the Internet on law is illustrated by the procedure of publication of texts of court decisions and sentences on the Internet. These mechanisms are a consequence of the evolution of transparency principle of legal proceedings. At the same time the legislation, the procedures and the actual implementation differ substantially in the courts of general jurisdiction and arbitration courts of the Russian Federation. The author identifies these differences and points to the existing problems in the electronic publication of court decisions. Firstly, it is a non-compliance with the requirements to publish judicial decisions by the courts of general jurisdiction in full, as indicated by the statistics. Secondly, the general jurisdiction courts publish their acts after their entry into force, with the result that there is a need to use paper copies in most cases. Thirdly, the courts of general jurisdiction depersonalize unreasonably large amount of information contained in the decisions which often makes the text of judicial decisions useless. Solving the identified problems will have a significant impact on the development of the principle of publicity of court proceedings.

Key words: legal practice, Internet, electronic publication, transparency of legal proceedings, publication of court decisions.

Attachments:

4_Makarov.pdf URL: https://j.jvolsu.com/index.php/en/component/attachments/download/1296

382 Downloads