Правовое государство: теория и практика (Mar 2022)
EUROPEAN STANDARDS FOR THE USE OF INFORMATION TECHNOLOGIES IN JUDICIAL PROCEEDINGS IN THE FACE OF MODERN CHALLENGES AND THREATS
Abstract
The most important problems in the use of information technologies in modern judicial proceedings are the establishment of a reasonable balance between the application of information technologies and traditional forms and methods of justice, respect for individual rights and freedoms in the use of modern technologies in the judicial resolution of legal conflicts. Purpose: to define international legal standards for the use of information technologies in modern conditions. Methods: the author applies such methods as dialectical, formal logical, structural-system analysis and synthesis. The results of the study make it possible to determine the main principles for the use of modern technologies in judicial proceedings: respect for human rights and the rule of law, access to justice, security. The basis for the legal regulation of the use of modern information technologies is a unified approach, independent of the specificities of national legal systems, necessary to overcome the challenges of rapid tech-nological development that allows finding common practical solutions related to the digitalization of justice. The ideological basis for regulating the use of digital tools and high technology in justice is an anthropocentric approach, according to which the human being, his rights and freedoms are at the center of judicial activity. Such an approach will preserve and guarantee human rights in the face of modern technological challenges.
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