News of Moscow District Courts
Towards the X All-Russian Congress of Judges
N.A. Shurshalova. We started practically from scratch
Interview of the issue
L.A. Novoselova. The effectiveness of court specialisation in the field of intellectual property rights has been confirmed in practice
NFTs as New Protected Intellectual Property: Draft Law Amending Article 1225 of the Civil Code
Analytics: Digital Technologies in Economic Disputes
Digital Technologies in Tax Disputes as a Mechanism for Balancing Public and Private Interests
The article is devoted to the issues of digitalization in the field of tax dispute resolution. The impact of digitalization on achieving a balance of public and private interests in tax law is assessed. The author comes to the conclusion that one of the effective mechanisms for reducing the fiscal bias in the activities of tax authorities may be an increase in the use of digital technologies in tax administration. Minimizing the human factor can increase the objectivity of law enforcement and reduce the number of tax disputes. With regard to the use of digital technologies in resolving disputes in courts we should expect in the future the appearance of a digital algorithm based on the use of artificial intelligence which will give recommendations to the judge on resolving the case based on machine-readable law technology and taking into account the circumstances of the case the norms of current legislation and the analysis of judicial practice. At the same time such digital algorithms will not be able to replace a judge in the administration of justice in the resolution of tax disputes but will only be an auxiliary tool.
Keywords: tax administration, tax disputes, digital technologies, balance of private and public interests, justice
Peculiarities of Economic Dispute Resolution in Respect of Digital Technologies
The article considers the problems of economic dispute resolution in respect of digital technologies and their elements, which are protected both on the basis of registration (e.g. inventions) and without registration (e.g. know-how), and analyzes the peculiarities of consideration of this category of disputes.
Keywords: digital technologies, intellectual rights, economic disputes, courts, arbitration courts, interim measures, expertise
L.I. Zaytseva, T.I. Sozonov
The Potential of Digitalisation for Effective Dispute Resolution and Conflict Reduction in the Business Environment
The article analyses the effectiveness of using digital technologies in dispute resolution to reduce conflict in the business environment as an essential condition for overcoming crisis phenomena. The authors justify the need to develop and apply digital transformation tools which will help reduce the escalation of controversy in the activities of business entities. These tools include the use of information modelling technology, the creation of online platforms for dispute resolution and the development of machine-readable law.
Keywords: digitalization, alternative dispute resolution, information modelling technologies, online dispute resolution platform, machine-readable law
Digital Technologies in Court Proceedings: Foreign Experience
The author investigates foreign experience of applying various digital technologies in court proceedings. The paper considers various scientific approaches to the problem and prerequisites for introducing information technology into judicial activity, giving examples of courts using technical means of sophisticated intellectualized legal search as well as special alternative forms of dispute resolution. The author dwells separately on the list of basic digital as well as other technological and related organisational solutions implemented (to be implemented) in court proceedings. The author concludes that the cumulative aspect of the development of new technologies generates various problems, which should be solved to take full advantage of emerging opportunities.
Keywords: digital technologies, informatization, foreign experience, judicial system, proceedings
Analytics: Open Tribune
N.R. Kirshina, V.I. Lebedinskiy
Adversarial Institution: Comparative Analysis of International Forensic Practice
The article analyses the practice of forensic expertise abroad. The issues of adversarial nature in the field of financial and economic expertise and expertise related to the determination of value are considered. According to the authors, the practice of conferences and cross-examinations of experts developed in some countries enables the court to obtain a full and deep understanding of disputable issues of the expertise, to exclude delayed proceedings due to repeated examinations and to take the most weighted and just decision.
Keywords: expert, expertise, forensic examination, value examination, adversarial, cross-examination, re-examination, expert examination, expert conference
IT in Court Proceedings in the People’s Republic of China
The article deals with the use of digital technology in the courts of China, which significantly changes the approach to resolving disputes, increasing the guarantee of judicial protection of the rights of citizens and legal persons, reducing the judicial burden and increasing the efficiency of judicial resources. The author examines the current experience of the People’s Republic of China in implementing information technology in court proceedings, the use of judicial and mediation online platforms of the PRC.
Keywords: digital technology, Internet, artificial intelligence, judicial platform, blockchain, online mediation, online courts, e-judiciary
Scientific Advisory Council
Protocol No. 23 of the meeting of the Scientific Advisory Council of the Moscow District Commercial Court, held in a combined format
Protocol Decision No. 25 of the Presidium of the Moscow District Commercial Court