j.jvolsu.comsitemap
j.jvolsu.comsitemap
j.jvolsu.comsitemap

Miroshnichenko O.I., Filonenko T.V. Digital Technologies as a Factor in Reducing Corruption in the Judicial System

DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.20

Olga I. Miroshnichenko, Candidate of Sciences (Jurisprudence), LL.M, Head of the Department of Theory and History of State and Law, Far Eastern Federal University, Ajax Bay, 10, 690065 Vladivostok, Russian Federation; Associate Professor, Department of Civil Law and Procedure and Private International Law, Peoples’ Friendship University of Russia, Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-8248-6782

Tatyana V. Filonenko, Prosecutor, Department of State Prosecutors, Primorsky Krai Prosecutor’s Office; Associate Professor, Department of Justice, Prosecutor’s Supervision and Criminalistics, Far Eastern Federal University, Ajax Bay, 10, 690065 Vladivostok, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5088-2628


Introduction: the authors discuss the topic of digitalization as potentially one of the most effective ways to fight against corruption in modern Russia. Various forms of information technology application are analyzed, including “egovernment”, “e-Parliament”, and “e-justice”. Pointing to the certainly positive side of this phenomenon, such as the impossibility of the use of private agreements in the decision-making process in favor of one side or another, etc., the authors note the shortcomings of the procedure of digitalization, such as, for example, the ability of a human judge to “let all the circumstances of the incident go through himself”, to very humanely evaluate the motives of the crime, the attitude of the perpetrator towards the offense, the possibility of socializing the specified person; and on this basis to determine a fair and reasonable form and amount of punishment. The purpose of the research: to reveal the importance of introducing modern information technologies in the work of all branches of government as one of the areas of anticorruption. Objectives: to reveal the content of the term “e-justice”, to consider the main trends in the research on the issues related to the proliferation of digital technologies in the administration of justice and to assess the adequacy of their magnitude to modern realities; to emphasize the question of practical implementation of information technology as an effective mechanism of the fight against corruption. Methods: system, structural and functional, analysis, synthesis, expert assessment. Results: the authors describe one of the trends of the modern interdisciplinary research, which is not sufficiently covered in the scientific literature, and is manifested in an attempt to see the novelty in the relations through the use of the latest technical means; the activities carried out in electronic form and/or through the use of digital technologies, dedicated to the digitalization of the judicial system, aimed at improving the quality of the work of the courts, ensuring maximum transparency of their decision-making and reducing corruption in the justice system. Conclusions: the digitalization of cases will reduce all document flow and ensure the safety of all available criminal cases and materials, allowing us to improve the quality of preliminary investigation or preparation for trials, reduce the risks of possible falsification of evidence, and the introduction of “electronic justice” will reduce the manifestation of any forms of corruption in the justice sector.

Key words: digitalization, information technologies, e-government, e-justice, corruption.

Citation. Miroshnichenko O.I., Filonenko T.V. Digital Technologies as a Factor in Reducing Corruption in the Judicial System. Legal Concept, 2020, vol. 19, no. 2, pp. 136-143. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.20

Attachments:
Download this file (3_Filonenko_i_dr.pmd.pdf) 3_Filonenko_i_dr.pmd.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/2210
515 Downloads