Information technology in the courts of Russia

State automated system JUSTICE

Main article: State automated system Justice

2024

Prime Minister Mikhail Mishustin approved a mandatory pre-trial appeal against refusals of permits. It is issued on Public services

Prime Minister RFMikhail Mishustin signed Decree No. 2229-r of August 17, 2024, according to which the pre-trial appeal procedure becomes mandatory for a number of permits. If the applicant wants to challenge the actions of the permitting authorities, he will need to file a complaint through the "Public services."

It is noted that the innovation is being implemented as part of improving permitting activities in Russia. In accordance with the order, a list of 202 types of permits was approved, the refusal to issue which can be appealed in pre-trial order. These are various kinds of certifications, state registrations, permits for work and construction, issuing certificates, issuing a rental certificate, issuing permits for the import of products, etc.

source = Website of the Government of the Russian Federation

From the moment when the applicant filed an application for a license or permission on the Public services portal, the "File a complaint" option becomes available to him online. The reasons for its execution may be a refusal to provide a permit or license, violation of the service provision period, refusal to accept documents, etc. Complaints are considered by a person superior to the one who made the decision to issue a permit document. After passing the mandatory pre-trial appeal procedure, the applicant has the opportunity to go to court. It is noted that in court the terms of appeal can take a month or more, while through "Public services" it will take no more than 15 days.

The changes come into force on September 1, 2024. For those types of permitting activities that are not included in the list of orders (reference to the document), pre-trial appeal in accordance with the federal law "On the organization of the provision of state and municipal services" will become mandatory from January 1, 2028.^[1]

Those under investigation in Russia received the right to communicate with a lawyer via video link from the pre-trial detention center

On August 8, 2024, the president Russia Vladimir Putin signed a law granting suspects and defendants in pre-trial detention centers the right to video contact with lawyers. The document will enter into force 180 days after its official publication.

The new communication format will be applied at the request of the arrested person, with the consent of the defender and if there are technical capabilities and special premises in the pre-trial detention center. The law aims to ensure the right of those under investigation to receive qualified legal assistance.

source = Supreme Court of Russia

Chairman of the Board of the Association of Lawyers of Russia Vladimir Gruzdev noted that video communication will be an addition to the traditional meetings of prisoners with lawyers.

In some cases, electronic technology can be a life-saving solution. You can recall the times of the pandemic, when quarantine was declared in many regions in the institutions of the penal system, the expert explained.

According to the FSIN, during the anti-epidemic restrictions, the department received more than 70 appeals from lawyers about the procedure for providing visits. This indicates that the prisoners could not always receive the legal assistance they were entitled to.^[2]

The bill provides that visits with the defender will be held in private and confidential. An employee of the detention center should see the prisoner during the conversation, but not hear their conversation. The requirements for the places of communication between the accused and lawyers will be determined by the FSIN.

Aleksey Gavrishev, managing partner of the AVG Legal law firm, believes that the main plus of the bill is the suppression of possible infections with infectious diseases.

We remember how in 2020 the arbitration courts began to hold online meetings, even made appropriate changes to the law. However, now even the equipped arbitration court of the city often does not have such an opportunity, - said Gavrishev.

Chairman of the All-Russian Trade Union of Mediators Vladimir Kuznetsov stressed the importance of ensuring the real possibility of confidential communication without access to negotiations between clients and lawyers of third parties and employees of the penal system.^[3]

State service for remote participation in court hearings launched in Russia

On March 4, 2024, Ministry of Digital Development of the Russian Federation announced the launch of Public services service on the portal that allows you to file online lawsuits, complaints, petitions and other appeals to the court. This service was called "Electronic submission of documents to the court." Read more here.

2023

Putin allowed to participate in the arbitration court meeting online

On December 25, 2023, the president Russia Vladimir Putin signed Law No. 667-FZ "On Amendments to the Arbitration Procedure Code." of the Russian Federation The document, among other things, allows you to participate in an arbitration court meeting online.

The law provides for the ability to apply for participation in a court of arbitration from home or office by using the web conference system. At the same time, the arbitration court in electronic form sends in advance to the persons involved in the case the information necessary to participate in the court session in the format of an online conference. In case of refusal to satisfy such a petition, the arbitration court electronically sends information about the rejection of the request to the participants in the process, indicating the grounds.

The law allowing participation in the arbitration court online is signed by the president

In accordance with the new rules, video conferencing systems (if technically available) can be used to ensure the participation of persons in detention or in places of detention. According to the written request of the person participating in the case, and at his expense, a copy of the protocol and (or) a copy of the audio recording of the court session, including in electronic form, can be made.

The adopted law also says that in case of collection of state duty from the debtor, an additional copy of the court order is made to the budget income, indicating that this executive document is subject to execution in terms of collection of state duty. Such a court order is sent for execution in the appropriate part to the bailiff-executor, including in the form of an electronic document signed by a judge with an enhanced qualified electronic signature.^[4]

Putin signed a law on the procedure for using electronic documents in criminal proceedings

On December 25, 2023, the president Russia Vladimir Putin signed federal law No. 672-FZ "On Amendments to the Criminal Procedure Code of the Russian Federation." The document determines the procedure for using electronic documents during pre-trial proceedings.

In accordance with the law, a petition, application (with the exception of a statement of a crime), complaint, submission and request, if technically possible, can be submitted to the prosecutor, investigator, head of the investigative body, inquiry body and investigator in the form of an electronic document. At the same time, we are talking about materials that do not contain information constituting a state or other secret protected by federal law, affecting the security of the state, the rights and legitimate interests of minors, or information about crimes against sexual inviolability or sexual freedom of the person. Applications are also submitted electronically and certified with an enhanced qualified electronic signature.

Vladimir Putin determined the procedure for using electronic documents during pre-trial proceedings

Applications for familiarization with the materials of the criminal case, for obtaining copies of procedural documents, for participation in investigative and other procedural actions can be signed with a simple electronic signature. The agenda or notification in the form of an electronic document can be sent through a single portal or through a system of interdepartmental electronic interaction.

In addition, at the request or with the consent of the accused, defender or victim (if possible), they can be served with a copy of the indictment in the form of an electronic document. In this case, the material must be certified with a reinforced qualified electronic signature.

The procedure for submitting documents in electronic form and the requirements for the format may be determined by regulatory legal acts of the Investigative Committee, federal executive bodies, which include preliminary investigation bodies and the General Prosecutor's Office.^[5]"

In Russia, for the first time began to judge by video link accused under a criminal article

At the end of November 2023, the Vasileostrovsky District Court of St. Petersburg was the first in Russia to consider a criminal case in which the defendants take part via videoconferencing (VKS). It received a case against two men accused of fraud.

Vladislav Deminsky and Denis Zhdanov are charged with a particularly large fraud (part 4 of article 159 of the Criminal Code). The defendants are under house arrest in Krasnodar and filed a motion to consider the case online. The court granted the petition, since the current criminal procedure code of Russia does not contain a ban on such a consideration, the joint press service of the courts of St. Petersburg reported on November 30, 2023.

Vasileostrovsky District Court of St. Petersburg was the first in Russia to begin to consider a criminal case in which the defendants take part via video conferencing (VKS)

According to the court and investigation, in May 2020, the accused entered into 258 contracts for the sale and purchase of securities and stole exchange-traded bonds worth 272.4 million rubles. During the videoconference, the court began to announce the indictment to the defendants.

Remote forms of interaction with the courts have shown their viability and practical benefit during the coronavirus pandemic, COVID-19 said To sheets Vadim Egulemov, partner, head of criminal law practice at Key Consulting Group. At the same time, he is convinced that the defendant's behavior, his personal qualities, and in some cases the degree of his remorse cannot be appreciated by the court without eye contact - in many courts the quality of the VKS is quite poor. This thesis, according to him, confirms the decision to leave face-to-face sessions with the participation of a jury.

In practice, it is difficult for the VKS to realize the right of the client to a confidential conversation with the defender, said Dmitry Savochkin, a lawyer and partner of the Sotheby law firm. He also drew attention to technical difficulties - the criminal case may include hundreds of volumes:

They must be qualitatively scanned - who will do this if the assistants are already overloaded and draw up a protocol for two or three months? For[6]

How is the digitalization of the Moscow City Court

On July 27, 2023, the press service of the Moscow courts of general jurisdiction spoke about some digitalization projects in the Moscow City Court, as well as the results of their implementation. First of all, we are talking about electronic document management technologies. Read more here.

Putin allowed the courts to send orders and requirements in electronic form

On July 24, 2023, the president Russia Vladimir Putin signed a federal law "On Amendments to the Code of Administrative Procedure." of the Russian Federation The document, among other things, allows you to send orders, requirements, orders, calls, court appeals in electronic format.

The Code is supplemented by provisions relating to sending in electronic form not only copies of judicial acts, but also other court documents: this will speed up the receipt of them by the parties. The documents in this case are signed by a judge with an enhanced qualified electronic signature. If the judicial act is accepted by the court collegially, it is signed by all judges who have considered the case (also strengthened by a qualified electronic signature). When executing a judicial act, order, request, order, call, appeal of the court in the form of an electronic document, a copy on paper is additionally created.

Vladimir Putin

The changes are aimed at improving the efficiency and speeding up the procedure of judicial protection in certain categories of cases. The court, in particular, has the right to independently receive the information necessary for the consideration and resolution of an administrative case from open sources, including from information systems, access to which is provided on the official websites of state authorities and local authorities.

The list of claims that may be contained in the administrative statement of claim is supplemented by requirements for compensation for non-pecuniary damage. It is envisaged to expand the grounds for the application of preliminary protection measures in an administrative claim. The possibility of issuing execution sheets directly by courts of higher instances is established. The federal law provides for the legal regulation of the procedure for declaring a break in court and makes a number of other changes.^[7]

Muscovites can now file lawsuits through the MPSC

Residents of Moscow were able to file lawsuits through the Multifunctional Centers for Public Services (MPSC). To do this, you must have a confirmed account in the "My Documents" service. This was reported on July 14, 2023 in the press service of the Moscow City Court. Read more here.

The Government of the Russian Federation approved the electronic exchange of documents between the defendants in criminal cases and investigators

The Government of the Russian Federation approved the electronic exchange of documents between the defendants in criminal cases and investigators. This became known on June 9, 2023.

According to Vedomosti, the bill will allow participants in the criminal process to send petitions, applications, complaints, submissions and requirements in digital form. The document must be signed with a qualified electronic signature, and its recipient will be able to be a court, prosecutor, investigator, head of the investigative body and interrogators. All materials will also need to be electronically signed. Judges will be able to make decisions in electronic form, they will also have to sign them with a qualified electronic signature.

The bill will allow participants in the criminal process to send petitions, applications, complaints, submissions and requirements in digital form

When making a court decision in the form of an electronic document, a copy of the court decision is additionally made on paper, the lawmakers emphasize.

A decree, indictment, indictment, indictment and other procedural documents can also be executed in the format of an electronic document, but only if they do not contain secrets protected by federal law.

In addition, the amendments provide for the ability to send subpoenas and other notifications through the Public services portal if the recipient agreed to receive legally important messages in this way.

The Cabinet of Ministers made a number of comments on the bill. The government is confident that an application for a crime cannot be submitted electronically, because in this case it will not be possible to warn the applicant of criminal liability for deliberately false denunciation. In addition, the participants in the process are offered to give the opportunity to refuse to receive electronic documents at their own request.^[8]

The Duma approved the law on electronic documents in the courts. Sentences will be passed faster

At the end of May 2023, the State Duma approved the law on electronic documents in the courts. It is assumed that thanks to the innovations, court sentences will be passed faster.

The bill complements the procedural legislation with the norms on the possibility of making (performing) and sending in electronic form not only judicial acts, but also orders, requirements, instructions, calls, appeals from courts.

Thanks to innovations, court sentences will be passed faster

The document also provides for the possibility of conducting proceedings in the courts of appeal, cassation, supervisory instances on the materials of the administrative case in electronic form, formed and certified in court, in which the case materials are in hard copy, which is especially in demand in the practice of revising judicial acts in cases with reduced terms of consideration (for example, in cases on the protection of electoral rights).

Another innovation related to the bill is the provision of consent by persons participating in the case to receive court notices and calls "using modern means of communication by indicating in the application (complaint) the email address, phone number."

The authors of the bill believe that the addition of the code to the new provisions reflects modern trends in the introduction of information and telecommunication technologies in the criminal procedure sphere. According to them, the document is designed to speed up the receipt of documents by the persons to whom they are addressed, and, accordingly, to reduce the duration of breaks in court hearings, the timing of the deposition of court proceedings, and ultimately - the actual timing of consideration, resolution of cases and protection of violated rights.^[9]

Ministry of Digital Science will create a register of forensic IT experts

On February 7, 2023, it became known that the Ministry of Digital Development of the Russian Federation would create a register of IT experts to consider disputes in the courts. To do this, amendments will be made to the law "On State Forensic Activities in the Russian Federation" and to sectoral legislation, said State Duma deputy Anton Nemkin.

According to him, the corresponding bill is planned to be submitted to the State Duma within the framework of the spring session. In a conversation with Vedomosti, he clarified that it is planned to create a register of accredited IT experts, agreed with the Ministry of Justice of the Russian Federation. It is also possible to create an industry union of forensic IT experts, he added.

Ministry of Digital Science will create a register of forensic IT experts

The parliamentarian did not provide specific provisions that can be included in the bill, noting that there is an intention to discuss the initiative with the industry community at the site of the working group on the legislative initiative.

Nemkin noted that by February 2023 there are enough people in Russia with the necessary skills and knowledge, but there is no mechanism to involve them in the consideration of industry disputes. According to the deputy, the creation of such an institution will be able to unload the judicial system, as experts will help resolve some of the disputes in pre-trial order.

Profile lawyers, in a conversation with the publication, clarified that the criteria for an IT expert who can act in litigation as an independent participant should be developed with the involvement of an industry community of technology specialists. In their opinion, this will also help in cases where a narrow-profile specialist is needed at trial, and in fact they invite someone who is at hand, for example, an information security expert, to cases in which an examination of another competence from the IT industry is required - a software tester or site designer.^[10]

Citizens and legal entities in Russia can now participate via video link in courts of any instance

On January 9, 2023, amendments to the Criminal Procedure Code (Code of Criminal Procedure) came into force, according to which citizens and legal entities in Russia were able to participate via video link in courts of any instance.

Under the new law, plaintiffs, defendants and everyone involved in the process will be able to participate in the court hearing through web conference systems, subject to their application for this and if there is a technical possibility in the courts. The law allows you to establish the identity of the meeting participant using information and technological means that ensure the identification of a person without his personal presence.

The trial in Russia can now be carried out via video link

In addition, the document establishes the procedure for notifying persons involved in the trial using technical means of communication. The arbitration court may refuse to use the remote format to the meeting participant in case of lack of technical opportunity or in closed proceedings.

According to Vedomosti, the amendments have a number of restrictions when using video conferencing systems (VKS) in court hearings. Thus, the defendant cannot attend a meeting on the Aerospace Forces without the presence of his lawyer. The innovations do not apply only to criminal cases that are considered with the participation of a jury.

Remote forms of interaction with the courts have shown their viability and practical benefit during the COVID-19 coronavirus pandemic, said Vadim Egulemov, partner, head of criminal law practice at Key Consulting Group. At the same time, he is convinced that the defendant's behavior, his personal qualities, and in some cases the degree of his remorse cannot be appreciated by the court without eye contact - in many courts the quality of the VKS is quite poor. This thesis also confirms the decision to leave face-to-face sessions with the participation of jurors, Egulemov said in a conversation with the newspaper.^[11]

2021

Putin allowed to sue through the Public services

At the end of December 2021, the president Russia Vladimir Putin signed a law allowing citizens to sue online. In particular, a statement of claim, complaint or submission is allowed to be sent through the portal. Public services The law came into force on January 1, 2022.

Documents that a person submits through Public services or the system determined by the Supreme Court can be certified with a simple electronic signature. In addition, if the court has the appropriate opportunity, it can provide participants in the process with access to the case file in electronic format.

Russian President Vladimir Putin signed a law that allows you to sue online claims and other documents

The authors of the bill note that the above proposals will increase guarantees of the rights of citizens and legal entities to judicial protection, as well as improve the norms of procedural legislation governing the procedure for using electronic documents in legal proceedings.

As Nikita Filippov, head of the De Jure bar bureau, explained to Rossiyskaya Gazeta, in arbitration, civil, administrative processes it will become possible through web conferences not only to ensure the participation of parties, but also witnesses, experts, as well as translators, if the latter sign a receipt with the help of an enhanced qualification electronic signature warning of criminal liability for giving deliberately false information.

It seems that such opportunities will favorably affect legal proceedings, especially in a pandemic, says Nikita Filippov. - Abuse, of course, is possible in individual cases, but as the practice of arbitration courts has shown, no significant risks are foreseen.

He added that the new law will speed up the staffing of courts with the necessary equipment, which will make it possible to consider the cases in their proceedings faster and better.^[12]

Russia adopted a law on the presence at court hearings online

On December 21, 2021, the State Duma adopted in the third reading a law on remote court hearings. Among other things, it allows you to send documents (statements of claim, complaints, submissions, etc.) to the court through the Public services portal.

At the same time, a simple electronic signature will be enough if the procedural legislation does not require another. In particular, an enhanced qualified signature will require a security application.

In accordance with the innovation, it will be possible to participate in the meeting through a web conference if the party filed a petition and the court has such a technical opportunity. In this case, a single identification and authentication system is used to confirm identity.

Russia adopted a law on the presence at court hearings online with identification through Public services

According to Interfax, before the start of the COVID-19 coronavirus pandemic, the format for remote participation in the hearing existed, but was intended for those who were in another region and could not come. But even in this case, the participant in the proceedings needed to personally appear in the nearest court so that he could help organize a video conference. The court checked the identity of the citizen and the documents provided to him.

After the start of the pandemic, the Supreme Court of the Russian Federation allowed participation in processes from personal computers, smartphones and tablets when identifying through the Public services portal, the location of the connection point could be any. After the adoption of the law, the relevant amendments are made to the legislation: to the Arbitration Procedure Code, the Civil Procedure Code and the Code of Administrative Procedure.

According to the document, "persons who violate the order in the hearing or do not obey the legal orders of the presiding officer, after warning, can be removed from the courtroom or disconnected from the video conference call or web conference for the entire duration of the trial or part of it."^[13]

Start of using AI when making court decisions in the Russian Federation

At the end of May 2021, it became known that Russia began to use artificial intelligence when making court decisions. We are talking about the use of technology in the collection of taxes. The pilot project was launched at three court stations in the Belgorod region.

According to the Chairman of the Council of Judges of Russia Viktor Momotov, the AI system will help make court decisions when collecting property, transport and land taxes. The tasks of the software include issuing the court order itself, as well as preparing documents and checking details.

In Russia, they began to use AI when making court decisions

One of the problems with issuing court orders is that information often does not reach the debtor on time. Often he learns about the order after the money is written off. This is often used by scammers by applying for fake documents. The judicial system hopes that this problem can be solved using the same information technologies.

Court orders are a simplified procedure that allows you to quickly collect undisputed debts. In such cases, the defendants have no objections, and the documents for recovery are immediately sent to the bailiffs. If a person does not agree with the duty, the order should automatically be canceled upon his application. Issuing a court order is more a technical task, while conducting a trial in a civil or criminal case requires a judge to have deep knowledge of the laws and the ability to delve into and understand.

Making a decision in electronic form with the help of weak artificial intelligence will allow you to quickly send an order to a citizen, including through the portal of state and municipal services, - said Viktor Momotov.

He added that the problem with notifying the debtor can also be solved through the service of public services, providing for the opportunity in your personal account not only to familiarize yourself with the content of the court order, but also to send disagreement with the recovery.^[14]

Introduction of AI into the Russian judicial system

In early April 2021, it became known that the working group "Regulatory Regulation" at the ANO "Digital Economy" approved the concept of machine-readable law and sent a document to the Ministry of Economic Development to prepare for adoption. This initiative contributes to the introduction of artificial intelligence in the courts, will help reduce the costs of Russians for lawyers, as well as transform the scope of control and supervisory activities of the state.

Sergey Izrailit, Vice President for Development and Planning of the Skolkovo Foundation, in a conversation with RBC, cited several examples of the influence of such technologies. For example, with their help, Russians will have the opportunity to deal with various legal documents. Also, such software will simplify the signing of contracts, the provision of consents to the processing of personal data and the fulfillment of the requirements of administrative procedures. At the same time, in the future, such technologies will improve the quality of service delivery, including on digital platforms.

AI is being introduced into the Russian judicial system

The quality of protecting the interests of a citizen on such platforms will increase, including in the event of disputes, litigation and related consequences... Machine-readable law allows you to combine, organize information. For example, about what obligations you have now, what deadlines for fulfilling these obligations, whether claims have been filed against you, what they are, how to prepare a line of defense, "he explained.

At the same time, Izrailit admitted that the process of introducing machine-readable law will be "certainly difficult," since it "directly rests on such systemic concepts as justice, evaluation categories - proper execution, the judge's opinion regarding the circumstances of the case - which circumstances are accepted, which are not." However, in typical situations, the judicial process should be simplified, since it will "rely on the practice that is already developing," he added.^[15]

Cabinet proposes to allow participation in court meetings using phones and tablets

On April 1, 2021, it became known about the proposal of the Government of the Russian Federation to allow participation in court meetings using smartphones and tablet computers. Russian Prime Minister Mikhail Mishustin spoke about this at a meeting of the Cabinet.

The government makes adjustments to the procedures of arbitration, civil and administrative proceedings, this is a significant amount of cases that affect disputes over property and a number of other important legal issues, says Mishustin (quoted by TASS Information Agency of Russia). - They can be resolved using their own mobile device, including a smartphone or tablet, to participate in the process in the web conference mode.

According to the head of the Government of the Russian Federation, the bill submitted for consideration by the Cabinet of Ministers enshrines in the legislation the ability to contact the judicial authorities remotely.

The Russian government proposed to allow remote participation in court hearings using smartphones and tablets

In addition, it will be possible to send a statement, as well as receive a message about the meeting and the summons through a single portal of public services and other information systems that will be determined by the Supreme Court, Mishustin said. He explained that thanks to this initiative, all participants in court hearings can save time and money, especially if the process takes place in another region.

The corresponding amendments will be introduced into a number of bills. They will improve the procedure for applying electronic documents in legal proceedings.

The fact that the parties to the court session will be able to participate in them remotely (through a computer or smartphone), the head of the Supreme Court Vyacheslav Lebedev said at a meeting of judges of courts of general jurisdiction and arbitration courts in February 2021. Then he noted that with the participation of the Supreme Court, legislative changes were prepared on the application of a web conference in the courts.^[16]

2020: The level of IT implementation in Russian courts is twice as high as in Europe

In October 2020, the European Commission on the Effectiveness of Justice of the Council of Europe (CEPEJ) published a new report on the evaluation of the effectiveness and quality of justice. Among other criteria, experts assessed the manufacturability of ships.

The level of introduction of digital technologies in the courts of Russia when interacting with participants in criminal proceedings is estimated at 8.6 points, while the average for Europe is 4.1.

The level of IT implementation in Russian courts is twice as high as in the EU

In terms of electronic interaction with participants in the proceedings of the Russian Federation, it received an assessment of 9.09 points (the European average - 5.04 points), in terms of the use of digital technologies in the distribution of cases and the organization of the work of courts - also 9.09 points (the European average - 7.11 points), and in terms of the use of modern technologies in the preparation of judicial acts - 8.24 points (the European average - 6.15 points).

The total assessment of the use of digital technologies in Russian courts is 8.81 points. In Germany, this figure is 8.3 points, in France - 5.19 points, in Italy - 6.42 points, in Switzerland - 5.55.

As noted by Rapsi, the manufacturability of the Russian judicial system was confirmed during the period of self-isolation, when from March 19 to May 11, 2020, Russian courts considered almost 3.5 million cases and materials, 360 thousand procedural documents were received in electronic form, more than 13 thousand cases were considered by the courts using a video conferencing system. In addition, Internet users have used the Justice state automated system resource over 300 million times. Thanks to this, the normal operation of ships was not disrupted in Russia and during the isolation, huge reserves of pending cases did not accumulate, as happened in many European countries, the publication says.^[17][18]

Notes