Procedural Aspects of Proof in China’s Internet Courts: Opportunities for Receiving BRICS Jurisdiction

Rusakova, Ekaterina P.; Frolova, Evgenia E.

doi:10.1007/978-3-030-69415-9_176

Cited by 6 publications

(4 citation statements)

References 4 publications

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“…Note that notarization of electronic evidence occurs when there is reason to believe that (Rusakova & Frolova, 2019):…”

Section: Resultsmentioning

confidence: 99%

“…Also, such notification is not carried out when it is impossible to determine who will subsequently participate in the case. At the same time, it should be noted that processing of personal data of both the applicant and the persons whose personal data is necessary to process for the recording of evidence the Notary has the right to do so without their special consent (Rusakova & Frolova, 2019). The processing of personal data is vital to identify the parties, without which the courts will not recognize the electronic evidence as authentic.…”

Section: Resultsmentioning

confidence: 99%

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Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

Kravchenko¹,

Ovchinnikov²,

Romanov³

et al. 2022

Rev. Invest. Univ. Quindío

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The current study is mainly devoted to the analysis of the current Russian legislation and the emerging notarial and judicial practice in the field of providing electronic evidence, the features and problems of procedures for their notarization, the relevance and admissibility of electronic evidence in civil law disputes in courts of general jurisdiction and arbitration courts as a factor in stabilizing civil law turnover carried out in information and communication formats (digital economy). Moreover, the study considers the problems of legal recording electronic traces while noting the most significant aspects of this recording of the evidence and formulating recommendations for notaries and parties to judicial disputes. To that aim, a range of general scientific methods, including observational, descriptive, and qualitative approaches, are used. Based on the results, the Russian regulatory system must have mechanisms for fixing traces of such civil activity to use them as evidence in civil and arbitration disputes.

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“…Note that notarization of electronic evidence occurs when there is reason to believe that (Rusakova & Frolova, 2019):…”

Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

Kravchenko¹,

Ovchinnikov²,

Romanov³

et al. 2022

Rev. Invest. Univ. Quindío

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“…The use of messengers and common video conferencing platforms seem to be a necessary measure for administration of justice in emergency situations (Bezbakh & Frolova, 2022). However, the constant use of these technologies casts doubt on the legitimacy of this process in view of possible procedural violations leading to unconditional cancellation of court decisions (Rusakova & Frolova, 2021;Rusakova & Frolova, 2019). In contrast, in Kenya, as the country with dedicated platform, in 2020 the Kenyan Court of Appeal issued 57 rulings using the low-cost online video conferencing platform Zoom.…”

Section: Integrating It Technologies In Africamentioning

confidence: 99%

The evolution of digital legal proceedings in African countries: Nigeria, Egypt and South Africa in the focus

Rusakova

2024

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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The adoption the Digital Transformation Strategy for 2020-2030 by the African Union stands out as a significant milestone in advancing digital agendas and programs across African countries. The integration of digital technologies into the society and economy is acknowledged as a catalyst for fostering innovative, inclusive and sustainable growth. Formulated upon existing ICT initiatives in Africa, this strategy not only holds socio-economic importance for the continent’s development by also play a pivotal role in ensuring digital governance. African countries grapple with challenges such as unemployment, poverty, and digital divide, making the coordinated policy of all states critical for the successful realisization of the digital strategy. Essential components include adequate financing, regional integration, international cooperation and harmonization. The digital transformation of justice holds the potential to address various issues concerning accessibility and efficiency of the judicial method of safeguarding the rights and legitimate interests of citizens and business entities. A notable concern is the lack of trust in the judicial system by over 53% of Africans, emphasizing the need for improvements in legal systems to combat delays, corruption, and hight litigation costs. Moreover, the digital gender gap poses a particular challenge, with only 24% of women in Africa having access to the Internet. Rural women, facing additional societal barriers, encounter difficulties in accessing legal aid, property and economic opportunities. Leveraging digital technologies to enhance justice systems, including through remote court participation and electronic case management, can mitigate these challenges. By facilitating gender-inclusive access to justice, reducing costs and processing time, and enhancing overall judicial efficiency, digital transformation in the realm of justice may pave the way for more equitable legal processes. The theoretical and methodological foundation of the study is rooted in a dialectical approach to understanding social processes and legal phenomena. The objectives of this study also necessitate application of a number of general scientific methods. Methods of analysis and synthesis are employed to examine legal trends in the progression of electronic justice, as well as to compare the evolution of digital justice in Egypt, Nigeria, and South Africa. The unique characteristics of the study’s object - civil legal relations emerging during the exrercise of the right to judicial protection in electronic format - also require the use of private law methods.

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“…it provides great convenience for the litigants. Because of the different legal status, the foreign-related parties will encounter varying degrees of obstacles in the civil proceedings in different countries [8].…”

Section: The Influence Of Digital Technology On the Components Of Foreign-related Civil Litigation Casesmentioning

confidence: 99%

Civil proceedings with foreign participants in china - from the perspective of digital technology

Rusakova

Wei

2021

SHS Web Conf.

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This article takes the legal rules of digital civil proceedings with foreign participants in China as the research object, and studies the structure and content of the civil digital litigation rule system from the present situation of the foreign-related civil digital litigation rules. The purpose of this article is to study how China constructs the foreign-related civil litigation legal system under the Internet thinking, and how to establish a digital judicial system centred on the litigants. This article discusses from two aspects: the use of digital technology to promote the settlement of foreign-related civil litigation cases, and the characteristics of new foreign-related civil litigation cases produced by digital technology.

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Procedural Aspects of Proof in China’s Internet Courts: Opportunities for Receiving BRICS Jurisdiction

Cited by 6 publications

References 4 publications

Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

The evolution of digital legal proceedings in African countries: Nigeria, Egypt and South Africa in the focus

Civil proceedings with foreign participants in china - from the perspective of digital technology

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