From the philosophical and sociological positions of discursive ethics and an ideal communicative community (K.-About Apel, Y. Habermas, A.V. Nazarchuk), post-non-classical legal understanding and theory of communicative law (A.V. Polyakov, E.V. Timoshina, M. van Hook), the civil process is considered as public communication between society, the state and individuals on the topic of the ultimate concretization of subjective law (legitimate interest). The vector of judicial communication development as a form of social management is revealed, which does not coincide with the normative foundations of argumentative discourse in philosophy and sociology in a number of parameters. A typology of models of judicial communication in civil proceedings has been developed according to the criterion of interaction of the subjects of the dispute in procedural legal relations (there are five types in total). On the basis of an interdisciplinary approach, the most promising types of civil proceedings in the domestic legal order are identified for legal modeling.

Today, the attention of lawyers is focused more on the issues of digitalization of legal proceedings in general and judicial communication based on the speech activity of participants in the process. The problems of legal proceedings as an independent type of social communication remain in the shadows. Since the testimony of participants in the proceedings is the most common evidence, law enforcement officers need up-to-date information about the specifics of their formation and receipt. Research conducted by psychological scientists in different countries of the world currently calls into question the possibility of using even bona fide participants in the process in evidence without additional verification of the testimony. Law enforcement officers are objectively unable to distinguish false memories from those related to events that actually took place. When checking the information provided by the participants in the proceedings, special knowledge from the field of linguistics, psychology, psychophysiology and related fields should be used. At the same time, the identification by expert means of signs of the participant’s awareness of a legally significant event or distortion of the information reported by him must be distinguished from the procedural evaluation of evidence.

Judicial communication has a great influence on the effectiveness of procedural mechanisms for the protection of violated rights, because in its main manifestation is the actual content of the procedural legal relationship. Despite this, judicial communication does not receive the necessary attention at the legislative level due to the weak theoretical development of this issue. As a consequence of this approach, the full potential of the civil (arbitration) procedural form cannot be implemented, and in some cases neglecting the interests of judicial communication creates obstacles to the right to judicial protection and entails a violation of key principles of the process. Overcoming the negative effects is possible, first of all, by reconsidering the limits of the use in judicial enforcement of the classical legal means of regulating social relations (the rule of law, principles, legal consciousness, legal culture).

The civil process is viewed through the prism of a communicative approach to understanding law as the interaction of persons interested in finding the best solution to resolve the conflict that has arisen. The communicative approach makes it possible to identify barriers and difficulties for effective communication, to develop new approaches to solving the problems of civil proceedings, to take a fresh look at its internal structure, interaction with other non-judicial procedures for the protection of subjective law. The view of civil procedure as a sphere of communication justifies the appeal to the laws of information dissemination, perception of transmitted messages, reveals the importance of information interaction before going to court and during the consideration of the case in court, the impact on the final decision, which, in the author’s opinion, is the basis for raising the issue of expanding the subject and methodology of the science of civil procedural law.

The analysis of judicial communication, conducted in thus article, focuses on its institutional significance for civil procedure. For this aim, existing formulations of the purpose of civil litigation are critically examined. The author’s concept is formulated, according to which the objectively grouped goals of civil proceedings are: authoritative provision of the results of judicial (formal) resolution of the conflict, bringing into a publicity accessible form (information) of the motives of the parties to the conflict and summarizing by the court of the analysis of communication conducted by him. The article includes a visionary legal study concerning the projection of the posthumanist picture of the world on the content of civil disputes, conditioning the value of judicial communication and systematic presentation by the court of the results of its analysis.

The article considers the peculiarity of speech communication in the conditions of the use of remote technologies (videoconferencing) by the participants of the process in relation to the possibility of using manipulative speech means of influencing the addressee. The influence of technical communication channels and means of sound reproduction, which introduce distortions into speech signals, on the production and perception of speech is noted. It is concluded that the participants, directly and remotely present in the courtroom, have different opportunities to use the arsenal of verbal and non-verbal means of persuading the court through manipulative and non-manipulative influence.

The article analyzes the new provisions of civil procedural codes on participation in a court session by using a web conference system. The effectiveness of introducing online hearings into the process is assessed taking into account various factors of interaction between the court and the participants in the process (technical, psychological, legal). At the same time, the key question is whether the guarantees of the civil procedural form are preserved in such communication. The author comes to the conclusion that the existing legal regulation does not allow using the full potential of this modern technology, which could serve to strengthen a number of procedural guarantees. At the same time, insufficient regulation of such a format of interaction creates serious threats to the operation of the principle of immediacy and the closely related principle of objective (judicial) truth. The article suggests expanding the grounds for refusing to participate in court sessions online, and in cases where a legal issue is resolved in court sessions without summoning persons involved in the case, on the contrary, it is proposed to provide for mandatory online meetings.

This article presents a psychological analysis of F. N. Plevako’s speech in the case of Praskovya Kachka, which resulted in both the identification of “conscientious” speech techniques (appeal to the values of the jury and the defendants, the formation of value judgments regarding the aspects of the trial that are important for the lawyer), and manipulative methods that affect the subconscious (gaslighting, projection, shame manipulation and substitution of concepts). The expressive means of judicial speech, especially the metaphors used by the defense counsel, increased the manipulative impact on the participants in the court session. The manipulative influence was carried out by F. N. Plevako according to the scheme: the defender — the audience of the court session, super-motivated by the result of the defense speech — the jury. Only the defender’s subjective perception of the norms of professional ethics of a lawyer determined the conscientiousness, correctness and appropriateness of the methods of manipulative influence used, while these aspects had no direct connection with the actual circumstances of the case.

The Code of Criminal Procedure of the Russian Federation establishes several forms of consideration and resolution of criminal cases in the court of first instance. One of the forms of criminal proceedings is the consideration of cases with the participation of jurors. This form has its own procedural features, due to the delimitation of competence between a professional judge and a jury. Features are typical for the judicial investigation, which, as the main form of communication between the participants in the process, begins with the opening statements of the parties and has a limitation on the evidence examined in the presence of the jury. The article analyzes these features from the point of view of theory and established judicial practice, provides recommendations for successful interaction with jurors. It is stated that the procedural features entail the use of a special tactic for presenting evidence to the jury, the need to simplify, visualize evidentiary information. It is concluded that in order to simplify and visualize the available information, it is currently necessary to use modern technical developments and achievements.

The article examines aspects of oral and written courtroom communication of a lawyer and the impact of occupational burnout of a lawyer on communication capabilities. The article pays attention to the risk factors of occupational burnout of a lawyer, as well as to the analysis of its effect on courtroom communication at three levels: individual-psychological, interpersonal and organizational. The necessity to manage the risk of occupational burnout of a lawyer with the use of interdisciplinary and interdepartmental interaction is justified. Among the options proposed by the author to solve the problem of occupational burnout are such forms of interaction as joint lessons for lawyers and representatives of other caring professions and advanced training courses for lawyers. It is also proposed to adapt special correctional programs that are developed to prevent and overcome the syndrome of occupational burnout among representatives of caring professions.

The article is devoted to psychological aspects of using online communication in court. It is noted that in connection with the development of new information technologies, the Russian legislator has in increasingly begun to introduce into court proceedings such methods of communication between the court other participants in the process, such as video conferencing. This indicates the relevance of the research topic and the need to consider the question of how distance technologies are changing communication in court. The author analyzes negative psychological aspects of online court sessions. Taking into account the existing specifics of modern video conferencing the question is raised about feasibility of developing psychological skills of lawyers.

When administering justice, judges are guided by certain ethical principles. These principles also apply to judicial communication (the interaction of the court with participants in legal proceedings.

The author considers foreign experience in regulating the ethical aspects of judicial communication on the example of the French Republic. Relevant provisions are contained in the Compendium of Ethical Obligations of Magistrates.

The embodiment in judicial communication of such important ethical principles of magistrates’ behavior as independence, impartiality, honesty and decency, dignity, respect and attention to others, correctness and restraint is analyzed.

In addition, attention is paid to the ethical issues of judicial communication before the court session, during the court session, during the meeting of judges and when making a decision.

This article is dedicated to exploring the intricacies of interaction between participants of legal proceedings and the court within the context of case hearings utilizing web conferencing in Arbitration Courts. The analysis delves into both the positive and negative aspects of the online format in legal procedures and provides recommendations for optimal preparation for virtual sessions and adherence to etiquette within this framework.

The article scrutinizes two major groups of issues; the first pertains to filing requests for participation in court sessions through online conferencing services and communication with the court at this stage, while the second deals with direct involvement in court sessions and the nuances of interacting with the court “through the screen”.

The research demonstrates that the employment of web conferencing in Arbitration Courts brings several advantages, such as time and resource efficiency. However, it also presents its own drawbacks, associated with technical problems and limited communication possibilities.

The article analyzes the communication between the judge and the online participant in the court session when using the web conferencing system in conditions when another person participating in the case is present in the usual format (In person) in the courtroom. Considering the procedural advantages and disadvantages of a web conference in the civil process, attention is focused on the subjective perception of such a way of considering a case by remote participants.

A separate place is given to the conditions for implementing the principles of competitiveness and equality of the parties during a web conference. Attention is focused on the fact that the psychological perception of an online participant as a procedurally equal to a full-time participant largely depends on the technical conditions of the Internet connection and the organization of the broadcast itself. In addition, the importance of the factor of the judge’s involvement in online communication is noted to ensure its effectiveness. Based on the analyzed information, ways to stimulate the involvement of the judge in online communication are formulated.

The article looks at summary proceedings through the prism of a communicative approach. The focus is on the interaction of the parties with the court and with each other. It is noted that from the point of view of communication simplified proceedings differ markedly from the ordinary process. In simplified proceedings there are fewer subjects of communication, both among the persons involved in the case and among the other participants in the process. There is also predominantly verbal written communication in these proceedings. The peculiarities of such communication in the exercise of dispositive rights by the parties, in the transition from lawsuit to simplified proceedings and vice versa, in rendering a decision and communicating it to the parties, are reflected in this article.

To the relationship between the court and the parties is used the approach as to a communication, which allowed to identify the procedural formalities as a mechanism to ensure the rights of the party in judicial communication and justify the idea of the right to be heard as a fundamental provision of modern Russian civil procedural law. Recognized in the Russian doctrine of civil procedure law components of the right to be heard and to be heard by the court proposed to consider as corresponding to the two essentials for procedural law elements in the structure of communication — transmission of a message that has a meaning for the subjects of communication, and the intent of the sender of the message to induce his recipient to take a certain action. The manifestation of the main condition of communication — mutual recognition by the subjects of communication — in the content of the principle to be heard and heard by the court was found. The significance of the motives of judicial decision as a condition for the effectiveness of one of the elements of the structure of judicial communication is substantiated.

In the article author analysis the influence of communication between court and participants of proceedings on achievement of goals and objectives of civil and arbitrage proceedings. Author concludes that it is reasonably to examine proceedings by means of communication theory ant using its methodology. It is justified that court is obliged to provide effective communication in the Consideration of Case and take participation in communication with participants of proceedings.

The specifics of electronic form of fixation of information on circumstances relevant to the case predetermines the peculiarities of their presentation in court, familiarization with them, examination and evaluation. Correct and timely establishment of circumstances of a case based on the results of presentation and examination of information in electronic (digital) form is possible subject to such interaction of court and parties, which would take into account the features of this form of fixing information, ensure compliance with the principles of civil proceedings, first of all, adversarial and equality of parties, immediacy and judicial truth. Legislation should provide for the possibility of performing a number of actions that improve the procedure for obtaining, examining and evaluating information on the circumstances of the case submitted in electronic form.

The development of the principle of conscientiousness in the civilistic process finds manifestation, including in improving measures to counter lies in civil, arbitration, administrative proceedings. The article examines the psychological characterization of the liar, the signs and causes of the lie, and how to prevent and expose it. The author of the article raises the question of forming a new scientific direction of an applied nature to develop a methodology for considering certain categories of cases in court and tactics for conducting procedural actions to establish the actual circumstances of the case.

The article analyzes the court role while approving a settlement agreement in a bankruptcy case. The implementation of the active component of this role makes the court a subject of proof and а subject of communication in the case. Recently, both the legislator and the law enforcer are inclined to limit the adversarial and dispositive principles in favor of the active role of the court in civil litigation. This trend is most pronounced in bankruptcy proceedings. Particular attention to bancruptcy cases dealt to their social significance, due to the multiplicity of diverse interests, that take place in bankruptcy procedure.

The article discusses the controversial judicial practice that exists in the modern legal field. Author concludes that the settlement agreement in the bankruptcy case cannot be limited either strictly by the concept of “settlement agreement” or — “bankruptcy procedure”.

The article is aimed at researching and evaluating compliance with the conditions for exercising procedural rights accessibility by foreign persons when issuing an exequatur by commercial court. By analyzing procedural legislation norms and practice, it was revealed that judicial communication peculiarities caused by the language barrier can lead to negative procedural consequences in the form of access to justice guarantees. The author proposes to organize the technical possibility of switching to viewing the Russian e-justice Internet pages in a foreign language. The article also substantiates the need to reimburse expenses for the interpreter services who was not involved in the case, while assisting a foreign person in exercising procedural rights outside the trial, but in connection with it. Similarly, it is proposed to reimburse the expenses of an attorney with knowledge of a foreign language, who performs the functions of an out-of-court interpreter.

The article is devoted to the issues of remote participation of an expert and a specialist in court sessions in the civil procedure. The author evaluates the admissibility of the construction of legal regulation of the issue under study only from the point of convenience and economy. Concerns expressed in the scientific and professional community related to the possibility of exerting pressure on witnesses when they participate in a court hearing using web conference are considered. The preservation of the risks noted in relation to the remote participation of witnesses during the interrogation of an expert and obtaining expert advice using web conference systems is justified. In conclusion, the author states that the unification of the provisions on remote participation in the court session of persons participating in the case and persons assisting in the administration of justice could not be assessed as successful.

The article reviews the court records as a tool to ensure the fixation of communication between the court and the participants of the process, and also defines its role in the appeal court proceedings. The author analyzes the existing approaches to the combination of recording facilities and criticizes the point of view on the use of audio-recording as the main way to record the court proceedings. Despite the identified disadvantages of audiorecording, the author concludes that it is impossible to return completely to the written record of the court proceedings and as a solution to overcome the shortcomings proposes the use of speech recognition technology to prepare a text record of the court session. According to the author, such a reformation of the civil process will reduce the burden on the court system employees and, at the same time, ensure the implementation of the principle of immediacy in the proceedings in the court of appeals.