A.V. Ovcharenko,

 Postgraduate Student of the Department of Civil Law and Procedure of the Voronezh State University 

The article deals with some aspects of the right to an oral trial in the construction of electronic proceedings. The author analyzes the conditions under which it is possible to take proceedings in written or electronic form, it is proposed to broaden the category of disputes to be addressed in the summary procedure in the commercial («arbitrazh») process. However, today it is clear that in order to reduce the burden on judges alone are not sufficient measures for the introduction of electronic document, and the use of simplified procedures for the consideration of certain categories of disputes. Now more realistic is to consider the possibility of organizing an electronic proceedings on the basis of written language, without an oral hearing. Further development of the written electronic proceedings involves not only the introduction of a full-fledged electronic document but the generation of electronic court cases. Also the expansion of the conditions determining the ability of the proceedings in electronic (written) form. Such an order may consider to some extent limit the right of the parties to an oral hearing. In connection with this very relevant question is whether such a restriction in terms of fundamental principles and norms of international law, including taking into account the position of the European Court of Human Rights. 

Keywords: electronic proceedings; the principle of oral hearings; the principle of writing; oral proceedings; summary proceedings; the European Court of Human Rights.