دورية أكاديمية
SELECTED ASPECTS OF INFORMATISATION OF JUDICIAL ENFORCEMENT PROCEEDINGS.
| العنوان: | SELECTED ASPECTS OF INFORMATISATION OF JUDICIAL ENFORCEMENT PROCEEDINGS. |
|---|---|
| المؤلفون: | FLAGA-GIERUSZYNSKA, KINGA LUIZA |
| المصدر: | Journal of Modern Science; Apr-Jun2023, Vol. 51 Issue 2, p307-327, 21p |
| مصطلحات موضوعية: | LAW enforcement, GOVERNMENT regulation, CORPORATION law, CIVIL procedure, AUTOMATION, BAILIFFS |
| مستخلص: | Objective: The aim of the study is to present an advanced process of informatisation of court enforcement proceedings, which is a derivative of the progressive computerisation of social and economic life. As part of the considerations presented, not only the provisions of the Code of Civil Procedure relating directly to procedural and enforcement actions carried out in enforcement proceedings, but also the provisions of corporate laws governing the exercise of the profession of bailiff, which also transfer the activity of enforcement bodies to a certain extent to IT systems, will be analysed. Methods: The study uses a dogmatic method, the essence of which is the analysis of legal texts and interpretation of the obtained legal norms to the extent necessary to determine the fundamental interpretative and practical problems in the area of informatisation of court enforcement proceedings. In turn, the analytical method refers to the examination of the achievements of civil procedural law doctrine and the case-law of the Supreme Court and ordinary courts in relation to the most important solutions transferring judicial enforcement to IT systems. Results: An analysis of the current statutory provisions relating to the informatisation of judicial enforcement proceedings shows that this is a process in statu nascendi, because the instruments introduced in this regard only to a certain extent implement the postulate of optimising the use of new technologies in order to improve the efficiency of court proceedings and enforcement proceedings. The lack of sufficient financial, organisational resources and solutions to tackle digital exclusion, with the simultaneous use of hybrid solutions, contributes to weakening trends in the deployment of new technologies. Discussion: In judicial enforcement proceedings, the informatisation of procedural and enforcement actions is introduced, both directly in relation to judicial enforcement in civil matters, as well as in the sphere of communication between the authority, parties to the proceedings and other participants. This makes it possible to speed up and increase the effectiveness of judicial enforcement in civil matters. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: | Complementary Index |
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