The idea of the unity of the process, which was born in the minds of law researchers several centuries ago, and is now becoming relevant again, acts as a core in the article proposed to readers, allowing them to consider quite different issues in direct connection: about the content of the concept of a civil process; about optimal legislative regulation of civil processes; about the specifics of teaching in higher educational institutions of civil procedural disciplines. At the same time, the civil process is understood as the essential unity of civil, arbitration and administrative proceedings. The argumentation of attributing administrative legal proceedings to a civil procedure is given. Referring to the unrealized idea of a Unified Procedural Code and using the established legislative experience of the Republic of Belarus, where the Code of Civil Procedure was adopted, the author suggests a new approach to teaching civil procedural disciplines.

The influence of big data algorithms based on empirical reliability, almost infinite diversity and instantaneous variability over time on the ability to predict legally significant actions and on the understanding of law in modern society is considered. Taking into account the latest theory of personalized law, as well as a universal approach to law, including aspects of predicting behavior and legal communication, the possible impact of the “micro directive” as a new source of law on justice in civil cases is shown. The vector of the development of the personalization of civil procedural law is revealed, its dependence on the subject matter of civil proceedings and the subject of judicial proceedings is shown. The study of the personality of each participant in civil proceedings will become the primary task of the science of civil procedure law. The importance of personalization of the rules of judicial proceedings is not the same for claim and non-claim proceedings. Personalization of the rules of special production is the most effective and realistic.

The growing number of administrative cases, the almost 10- year period of operation of the Code of Administrative Procedure of the Russian Federation, a significant body of judicial practice in applying its norms, as well as the legal positions formulated by the Supreme Court of the Russian Federation, and the increased specialization of judges handling administrative cases necessitate a return to discussing the idea of establishing administrative justice in Russia. The article presents a number of arguments in favor of the reality of the prerequisites for the creation of administrative courts in the Russian Federation, including those that have a regulatory framework, as well as arguments of an organizational and doctrinal nature. Currently, a promising model of intra–system specialization is the creation of administrative courts within the system of courts of general jurisdiction. In the long term, institutional specialization is acceptable — the allocation of administrative courts as an independent subsystem of the judicial system of Russia. The result of the study was the conclusion that the idea of developing administrative justice needs to be given a real existence, to translate it from the sphere of theoretical reasoning into a real practical implementation.

The article is devoted to the analysis of formalism as a method of law enforcement and its impact on the justice system in the context of modern changes. The first part of the article examines the main disadvantages of the formal approach to judicial decision-making, such as lack of skills in correctly interpreting the law, flexibility, and failure to take into account the socio-historical context of society’s development. The other part explores the positive applied aspects of formalism, which provides clear regulation of material legal relations, establishing certain requirements for recording and formalizing the facts that generate, modify or terminate them, which is an essential prerequisite for automating decision-making in court and other available data processing technologies that can improve law enforcement and increase its accessibility. The possibilities of justice transformation in the context of a combination of traditional formal methods and modern approaches are explored.

Artificial intelligence in the civil process is necessary to minimize the labor resources of judicial and administrative personnel. The discussion regarding the possibility of using electronic technologies in legal proceedings consists of discussing the problems faced by law enforcement officers, as well as scientists, when studying the phenomenon in question. The article substantiates the reasons why the introduction of artificial intelligence in the order proceedings requires legislative and technical attention from the legal community. The need to rely not only on the experience of automated production in foreign countries and the creation of Internet courts, but also on issues inherent in the Russian civil process related to responsibility, form and procedure in which artificial intelligence can be used, taking into account the comparative characteristics of human physical capabilities.

The article analyzes the issues of using information technologies in considering class actions. The application of technologies at the stage of group formation, conclusion settlement agreement, conclusion of an agreement of a group of persons, as well as replacement of the person conducting the case in the interests of a group of persons is considered. It is noted that the currently existing state automated systems GAS “Justice”, “My Arbitrator” need to be improved, since they do not provide for the possibility of performing key procedural actions within the framework of group proceedings, and do not contain information on the essence of the class action being considered in court, which deprives potential participants of the opportunity to decide on joining the class action. A conclusion is made on the need to create a single platform for class actions in the Russian Federation.

The article points out the difficulties associated with defining the concept of “innovation” in science and its consolidation in Russian legislation, provides a classification of innovations, and considers technological innovations in connection with their impact on the evidentiary activity of entities. The approach to electronic evidence as regulated by procedural law means of proof in electronic form (written, material evidence, audio and video recordings), and not individual types of evidence, is substantiated. The absence of any specifics in the study of evidence in electronic form and the effect of the principle of immediacy is indicated. Attention is drawn to the need to apply this principle when working with electronic evidence. Examples explain in which cases securing electronic evidence is not required. The article considers technological innovations designed to simplify the possibilities of securing electronic evidence, as well as allowing reliable recording of evidence without resorting to a notary or court. These innovations are assessed positively due to their focus on guaranteeing the accessibility of justice, the principle of objective truth, and strengthening the competitive principles.

Based on the current legislation, existing doctrinal concepts and international experience, the article examines possible solutions to the prob lems of anonymity and privacy of cryptocurrencies in enforcement proceed ings. In particular, the author proves that possible solutions to this problem can be: a) stimulating the debtor’s will to disclose information about the digital currency belonging to him and to assist in foreclosing on it, b) searching for digital currency and gaining access to it through interaction with information system operators and other government bodies, c) obtaining access to the debtor’s cryptographic wallet through the withdrawal of private key carriers. Possible ways to identify the owner of a cryptocurrency in the absence of accurate information about the owner of a cryptowallet are considered sepa rately. In conclusion, the author concludes that the problem of anonymity and privacy of digital currency is complex and requires a comprehensive solu tion. The means of deanonymization and gaining access to cryptocurrency assets should differ both from their characteristics and the prevailing legal and factual situation in such a way as to provide enforcement proceedings with the maximum flexibility necessary.

The article is devoted to the description of the artificial intelligence model developed by a group of scientists from the Southern Federal Univer sity, which allows improving the stage of preparation of civil cases for trial. The model is trained on the basis of selected judicial practice and identifies the necessary requirement for a certain category of cases, a list of persons in volved in the case, and the necessary evidence. The model is capable of not only facilitating the work of the judge and participants in the process, but also ensuring an increase in the quality of preparation at a new substantive level.

The article studies the specificity of the action of certain principles of civil procedure due to the introduction of information and digital technolo gies in civil procedure. The implementation of digitalization in justice implies adaptation to changes in the implementation of most of the fundamental prin ciples of civil procedure, such as the independence of judges, legality, trans parency of court proceedings, equality and adversarial nature of the parties. Consideration of a civil case through videoconference and web-conference is based on peculiar forms of action of the principles of oral and directness of the trial, adversarial proceedings, which requires additional legal regulation in a separate chapter of the Code of Civil Procedure of the Russian Federation. The main advantages of informatization of the sphere of justice is the timeliness of the implementation of rights and obligations of participants in civil proceedings. The introduction of information technologies in civil proceedings contributes to the effective implementation of the principles of independence of judges, publicity of court proceedings, making the activities of the court more open to public scrutiny. Modern processes of informatization and digitalization in justice require solv ing the problem of ensuring information security in civil proceedings.

In this article, the author examines the prospects and limitations of applying artificial intelligence (AI) in Russian civil proceedings, drawing a distinction between “forecasting” a likely case outcome and “modeling” the long-term consequences of judicial decisions. Particular attention is devoted to disputes affecting the interests of future generations (e.g., environmental or urban planning cases), where modeling can offer a more comprehensive view of potential risks. Despite the absence of a unified service capable of creat ing such models for judges, all necessary technologies—machine learning, deep learning, big data analytics, and integration with geographic information systems (GIS), among others—are currently available and evolving rapidly. The article also highlights foreign experience in using AI in civil justice and alternative dispute resolution. The author concludes that the proposed model ing mechanism is of practical value, providing courts with additional tools for thoroughly assessing circumstances that are significant for both present and future generations, while preserving judicial independence and impartiality.

The article is aimed at researching the legal nature of applying to the court for an injunction on initiating or continuing proceedings in a foreign court or arbitration (about an “anti-suit” injunction). The author has revealed that the direction of this application against the exercise of the right to go to court indicates its similarity with procedural and legal objections to the claim as a means of protecting the rights of the defendant. Through a compara tive analysis of these legal phenomena, the presence of such distinctive features list of applying to court in order to obtain an “anti-suit” injunction as the subject of filing an application, the time stage and procedure for filing it with a commercial court, the form and meaning of this application, as well as certain features of its consideration. The presence of these specific fea tures made it possible to formulate a conclusion about the transformation protective methods of defense in the national legal order and the formation of a completely new methodin their composition.

Focusing on the internal regulation of a particular legal institution often does not allow us to abstract from the immediate local needs and look legist@bk.ru at the problem more abstractly, which leads to a blurred view, repeated dis cussions of the same problems without any progress towards their solution. One of the ways to overcome this situation is to turn to other legal systems. With regard to indirect claims, researchers mainly refer to the experience of the United States, to a lesser extent, Western European countries, while the doctrine, legislation and practice of the former Soviet republics are almost not studied, where, despite the obvious parallels in some cases, the regula tion of the right to indirect action has its own national specifics, which is of considerable interest.

The article examines the nature of legal conflicts arising in con nection with participation in elections and referendums, as well as analyzes the legal nature of judicial protection of electoral rights, which is not limited to the emergence of only procedural relations between the parties to the dispute. The author comes to the conclusion that judicial protection is the universal and most effective form of protection of citizens’ electoral rights. The article substantiates that the subject of judicial protection in cases arising from electoral legal relations is always not only the interests of a particular person who applied to the court, but also the interests of an administrative defendant, an indefinite circle of persons and the state as a whole. The out come of the court’s consideration of the case is also the restoration of the balance of public and private interests related to the formation of an elected state apparatus.

The article is devoted to the study of the consequences of the im pact of the main factors determining the direction of improvement of procedur al norms regulating the preparation of civil cases for trial, the practice of their interpretation and application, indicating the transformation (transformation) of case preparation for trial, qualitative change of its content. Such main fac tors, in the author’s opinion, are the volume of cases pending before a par ticular judge, and the task assigned to the judge to ensure compliance with the statutory terms of their consideration. The article discusses certain legal norms, clarifications, related problems affecting the quality of preparation of a case for trial. The author believes that the observed transformation of case preparation for trial should not be reduced to its maximum simplifica tion and formalization to the detriment of the task to ensure not only timely but also correct consideration and resolution of the case. It is necessary to achieve a reasonable balance between the task of improving the quality of preparation of a case for trial and the need to ensure its resolution in the f irst court hearing.

The article examines the problem of the relationship between the “new generation” and “old generation” bilateral investment treaties among the BRICS member countries. It is noted that most of the bilateral agreements are so-called “old generation” agreements. Such agreements are generally unbalanced, that is, they impose obligations only on the state receiving the investment, and grant rights to foreign investors. Investment treaties often limit the regulatory powers of states, especially in areas such as health and environmental protection.

The “new generation” treaties provide for investors’ obligations in relation to business, human rights, environmental protection; protect the state’s right to exercise regulatory powers. Some treaties include a mechanism for settling investment disputes, but require, first of all, the exhaustion of local legal remedies before arbitration and strict deadlines for referring a dispute to arbitration. It is noted that Russia needs to reform its investment treaties by including in them, in particular, provisions to limit the use of the “umbrella clause”, a ban on the use of most-favored-nation treatment for the settlement of investment disputes; measures limiting the rights of foreign investors that the recipient state has the right to take when there is a threat to the security and sovereignty of the state, and which cannot be classified as illegal expropriation. 

This article is devoted to the study of the principle of the best interests of the child in the context of judicial disputes, with an emphasis on international legal approaches and recommendations. In the context of globalization and population mobility, issues of protecting children’s rights in legal proceedings are becoming increasingly relevant. Key international documents are analyzed, such as the Convention on the Rights of the Child and the Hague Convention on the Civil Aspects of International Child Abduc tion. The importance of a comprehensive approach to protecting children’s rights in legal disputes is highlighted, taking into account their unique needs and circumstances, as well as the necessity of harmonizing national and in ternational standards to effectively ensure the most favorable conditions for a child’s growth and development.

The text deals with the problem of defining the concept of “source of evidence” in the context of the use of electronic evidence in civil proce dure. The author notes that in the Russian science of civil procedure there is no clear definition of this concept yet. In foreign scientific works the source of electronic evidence is understood as a physical, analog or digital device capable of creating or storing information. However, in the author’s opinion, such a definition does not answer the question of what exactly the court needs to investigate. The author proposes to consider an electronic medium, such as a file or a web page, as the primary source of electronic evidence. This will allow to adapt the principle of immediacy to the modern conditions of consideration of civil and administrative cases. The text also raises the question of how exactly the court can examine electronic evidence. The author points out two ways: referring to the primary source or researching means of reproduction of evidence. A clear understanding of what exactly is the source of electronic evidence will allow to distinguish between these ways and develop rules for the study of electronic evidence.

The ambiguity of the legal nature of the visual image requires con sideration of the possibility of its attribution to physical evidence, as well as the applicability of the visual image as physical evidence in simplified pro ceedings in the context of the development and changes of arbitration and civil procedure legislation. 

The ambiguity of the legal nature of the visual image requires con sideration of the possibility of its attribution to physical evidence, as well as the applicability of the visual image as physical evidence in simplified pro ceedings in the context of the development and changes of arbitration and civil procedure legislation.