Russian Journal of Economics and Law (Mar 2019)
Algorithms for determining the circumstances relevant for the case in the software for informational-technological support of judicial decisions
Abstract
Objective: to create a computer program of information technology support for making motivated court decisions; to obtain constructive criticism of the grounds of and objections to claim presented in the software forms in order to improve it. Methods: general dialectical-materialistic method in translating the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process; formal legal method for translating the requirements of the law and legal science to law enforcement into the program to be used by the judge and case participants; object-oriented approach to modeling; object-oriented programming methodology; relational approach to database design.Results: a part of the computer program is created for making motivated court decisions on cases of claim proceedings under the rules of civil proceedings, solving the tasks of Article 148 of the Civil Procedural Code of the Russian Federation. Scientific novelty: for the first time, a part of a computer program is presented, which obliges the judge to take into account all the arguments of the parties regarding the circumstances to be established in the case, to draw conclusions on them and, in parallel with the conclusions and arguments of the judge for each choice, to make a reasoned decision. It seems that the workload of the courts can be eliminated by the software for making and motivating court decisions, which will significantly reduce the time for its production. The program has no analogues among the software solutions of legal disputes aimed at determining the circumstances relevant to the case.Practical significance: the presented part of the program shows how a judge and case participants determine the legally significant circumstances of the lawsuit, which are subject to proving and justification. The generated list of circumstances forces, by the program logic, to make a reasoned conclusion about the proofs and legal relevance of each circumstance. The interim findings determine the solution for the claim.
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