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DIGITAL TECHNOLOGY AND CIVIL PROCEDURE: SOME PROBLEMS AND PROSPECTS

DIGITAL TECHNOLOGY AND CIVIL PROCEDURE:
SOME PROBLEMS AND PROSPECTS

K.L. BRANOVITSKY,
Candidate of Legal Sciences,
Associate Professor of the Department of Civil Procedure
of the Ural State Law University

I.G. RENTS,
Doctor of Legal Sciences,
Associate Professor of the Department of Civil Procedure
of the Ural State Law University

Al.V. NEZNAMOV,
Candidate of Legal Sciences,
Senior Lecturer of the Department of Civil Procedure
of the Ural State Law University

An.V. NEZNAMOV,
Candidate of Legal Sciences, Head of the Research Center
for Problems of Robotics and Artificial Intelligence Regulation,
Council of the Dentons Law Firm

V.V. YARKOV,
Doctor of Legal Sciences, Professor,
Head of the Department of Civil Procedure of the Ural State Law University

DOI: 10.24031/2226-0781-2019-9-4-52-95

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 socioeconomic
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.

Keywords: digital technology; civil and arbitration procedure; notary; enforcement
proceedings; robotics and artificial intelligence; digital economy.

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Information about the author

Branovitsky K.L. (Yekaterinburg, Russia) – Candidate of Legal Sciences, Associate
Professor of the Department of Civil Procedure of the Ural State Law University (21 Komsomolskaya
St., Yekaterinburg, 620137, Russia; e-mail: k.branovitsky@gmail.com);

Rents I.G. (Yekaterinburg, Russia) – Doctor of Legal Sciences, Associate Professor
of the Department of Civil Procedure of the Ural State Law University (21 Komsomolskaya
St., Yekaterinburg, 620137, Russia; e-mail: kafedra.gp@gmail.com);

Neznamov Al.V. (Yekaterinburg, Russia) – Candidate of Legal Sciences, Senior Lecturer
of the Department of Civil Procedure of the Ural State Law University (21 Komsomolskaya
St., Yekaterinburg, 620137, Russia; e-mail: avneznamov@mail.ru);

Neznamov An.V. (Yekaterinburg, Russia) – Candidate of Legal Sciences, Head of
the Research Center for Problems of Robotics and Artificial Intelligence Regulation,
Council of the Dentons Law Firm (21 Komsomolskaya St., Yekaterinburg, 620137, Russia;
e-mail: info@robopravo.ru);

Yarkov V.V. (Yekaterinburg, Russia) – Doctor of Legal Sciences, Professor, Head
of the Department of Civil Procedure of the Ural State Law University (21 Komsomolskaya
St., Yekaterinburg, 620137, Russia; e-mail: kafedra.gp@gmail.com).

Recommended citation

Branovitsky K.L., Rents I.G., Neznamov Al.V., Neznamov An.V., Yarkov V.V. Digital
Technology and Civil Procedure: Some Problems and Prospects. Herald of Civil Procedure,
2019, vol. 9, no. 4, p. 52–95. (In Russian). https://doi.org/10.24031/2226-0781-
2019-9-4-52-95

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K.L. BRANOVITSKY, I.G. RENTS, Al.V. NEZNAMOV, An.V. NEZNAMOV, V.V. YARKOV