Vasilkova Svetlana Vitalievna (applicant of the chair of Civil procedure
Saint Petersburg state University
)
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the article considers the problems of court notices in terms of the development of the electronic justice in civil proceedings. Special attention is paid to the problem of consideration of cases in the absence of the defendant in the case, if his whereabouts are not known. Analyzes the judicial practice on this issue, as well as the interpretation of statutory norms in the legal literature. Map to written and electronic notices, it is worthwhile to use their positive sides and the mutual compensation of the drawbacks (such as the time costs in respect of written notices and the complexity of the control of actual receipt of electronic notices). Following the review, the author comes to the input on the feasibility in practice to strike a balance between traditional (written) and electronic forms of communication. In particular, it is proposed to retain as the major traditional forms of judicial notice, because they have more opportunities to control the actual receipt or non-receipt of it by the recipient. At the same time, their obvious drawbacks lead to the conclusion that electronic forms be advisable to set as optional, particularly by extending their use in the case where written notice has not given any results (the actual location of the addressee is unknown, which may lead to the consideration of the case in the absence of the defendant).
Keywords:electronic justice, electronic notice, written notice, guarantees of citizens ' rights in civil proceedings.
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Citation link:
Vasilkova S. V. Electronic notification as an additional state guarantees of protection of citizens' rights in civil proceedings // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№07. -С. 115-119 |
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