Digital Economy and Problems of the Mechanism of Justice

Abstract

The article deals with the problematic issues of introducing the achievements of scientific and technical progress in the organizational and legal mechanism of justice, including in the jurisdiction of economic justice. The situation with legislative and regulatory regulation of this process is shown: the real introduction of digital technologies into arbitration proceedings, the positive aspects and the emerging effect in this matter. At the same time, there are shortcomings from such implementation, for example, the questioning of a defendant in a videoconferencing mode remote from a court does not correspond to the principle of immediacy in a criminal trial. The article also presents the shortcomings of the state of normative and legal regulation of relations in the sphere of the economy, which hinder the digitization of economic justice. The assumptions about the need for a "narrow" specialization of the justice mechanism, corresponding to the appearance of new types and categories of offenses using digital technologies in the economy, are justified.
The methodology of this survey is based on the dialectical method of cognition of social phenomena. The main methods include а method of system analysis, a functional method, synthesis and analogy. The special methods include a formal legal method, a method of theoretical modeling, a system method, a comparative legal method.
The scientific novelty of the study is due to the stereoscopic approach of the author to the positive and negative aspects of the digitalization of the mechanism of justice, primarily its arbitration-procedural component. The colossal volume of information of some recent cases, which exceeds the judge’s brain ability to comprehend it, necessitates the wide introduction of electronic technologies in the legal proceedings. But there are not only technical, but also legal and moral obstacles on this way.