Peculiarities of Family Court Proceedings in the Implementation of Digital Justice

The article brings up the issue of risks of introducing artificial intelligence into court proceedings. The introduction of modern technology is expected to have a positive impact on the economics of justice. However, professional judges are wary of artificial intelligence making decisions for humans. The authors conclude that the legislator should develop an effective legal mechanism for regulating and controlling the application of artificial intelligence. They further suggest that these rights should be recognized as transferable while maintaining a comprehensive system of judicial unity. Following an analysis of the foreign experience of introducing digital technologies in the regulation of family disputes, it is recommended that the most effective and advanced practices from a number of countries be adopted, while it is essential that these technologies not impede the exercise of rights to justice and a fair trial. The authors conclude that the introduction of digital technologies should eliminate many gaps in law and law enforcement. In particular, they argue that the rule of law will be placed above judicial lawmaking.

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Publication Details

Journal
Russian judge
Published
2024-08-01
DOI
https://doi.org/10.18572/1812-3791-2024-8-12-16
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Peculiarities of Family Court Proceedings in the Implementation of Digital Justice

L. A. Emelina, S. A. Yavorsky
Russian judge
Digital Transformation in Law
article

Peculiarities of Family Court Proceedings in the Implementation of Digital Justice

L. A. Emelina, S. A. Yavorsky
article en

Abstract

The article brings up the issue of risks of introducing artificial intelligence into court proceedings. The introduction of modern technology is expected to have a positive impact on the economics of justice. However, professional judges are wary of artificial intelligence making decisions for humans. The authors conclude that the legislator should develop an effective legal mechanism for regulating and controlling the application of artificial intelligence. They further suggest that these rights should be recognized as transferable while maintaining a comprehensive system of judicial unity. Following an analysis of the foreign experience of introducing digital technologies in the regulation of family disputes, it is recommended that the most effective and advanced practices from a number of countries be adopted, while it is essential that these technologies not impede the exercise of rights to justice and a fair trial. The authors conclude that the introduction of digital technologies should eliminate many gaps in law and law enforcement. In particular, they argue that the rule of law will be placed above judicial lawmaking.

Russian judge
Peace, Justice and strong institutions
Openalex Percentile: Top 76%
Digital Transformation in Law
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