Open AccessDigital technologies of alternative dispute resolution methods: foreign practice and prospects of application in Russia
Author(s) -
Agnessa O. Inshakova,
Ю. А. Тымчук
Publication year - 2018
Publication title -
pravo i upravlenie. xxi vek
Language(s) - English
Resource type - Journals
eISSN - 2587-5736
pISSN - 2073-8420
DOI - 10.24833/2073-8420-2018-1-46-23-31
Subject(s) - settlement (finance) , process (computing) , online dispute resolution , enforcement , business , political science , law and economics , law , alternative dispute resolution , public relations , computer science , dispute resolution , sociology , finance , payment , operating system
. In article process of introduction of information and communication technologies in the modern system of alternative mechanisms of settlement of disputes which in foreign law-enforcement practice it is accepted to designate the term online settlement of disputes is analyzed. The review of the operating standard and legal base of online settlement of disputes both at the international level, and within regional integration associations is submitted. Besides, in work the procedure of online settlement of disputes of three types (the certain platforms or web applications, tools acting as the integral structural part of the websites of electronic trading and also the tools which are closely connected with the state vessels) is considered.Materials and methods. The methodological basis of this research is formed by such general scientific and special methods of cognition of legal phenomena as a method of system-structural analysis, method of dogmatic analysis, legal and technical constructions, a formal-legal method, a logical method, and others.Results of the study. As a result of the carriedout analysis it is revealed that now in the world there are more than 60 so-called suppliers of online settlement of disputes (differently services, platforms, web applications for settlement of disputes online and so forth).However despite existence of standard bases of online settlement of disputes in a number of the countries and also within regional integration associations, uniform obligatory standards of the procedure at the international level are absent. Besides, the feasibility of the decisions reached in the result of the procedure acts as a separate problem of online settlement of disputes. The most part of decisions is subject to execution on the principles of voluntariness. At the same time in some cases the decision is obligatory (in particular, will be executed by the third party the registrar within administrative procedure of UDRP), and for non-execution in a voluntary order reputation sanctions or methods of private coercion are applied.Discussion and conclusions. On the basis of the analysis of the foreign legislation and also the objective prerequisites of promoting of online settlement of disputes in our country connected, first of all, with growth of size of the market of online trade it is offered to develop legal bases for functioning of the new mechanism of alternative settlement of disputes in Russia the Internet portal and also a derivative web application for giving of claims online.