The concept and types of digital technologies used in the administrative and jurisdictional process

Kulikova Yana Alekseevna Postgraduate student; Department of Administrative and Financial Law; Lobachevsky National Research Nizhny Novgorod State University 155550, Russia, Ivanovo region, Privolzhsk, lane The eighth of March, 6, sq. 39 serova-y@mail.ru Other publications by this author

Today, humanity is witnessing the unprecedented impact of digital technologies on most social relations. In the scientific community, one can often find the opinion about digitalization as the largest technological change at the moment, a strategic update of public relations that allows society to embark on a "new technological path" ^{[1, p. 3]}. The first quarter of the 21st century clearly showed us how much the level of socio-economic development of the state depends on the effectiveness of the use of such technologies. technology.

Undoubtedly, at the moment Russia is technologically lagging behind a number of countries, but nevertheless the presence of digital trends in our country is obvious. In the newly created digital reality of Russia, new mechanisms of social interaction between authorities and citizens are being formed, among other things – first of all, we are talking about digital technologies of public administration ^{[2, p. 77]}. The issue of digitalization of administrative and jurisdictional activities closely related to public administration is of particular scientific and practical interest to us.

According to experts, the sphere of administrative jurisdiction is quite conservative and is subject to changes very infrequently ^{[3, p. 278]}. In recent years, the issue of the need to work towards global digitalization of administrative and jurisdictional activities has been raised more than once in public authorities.

The topic of this research has been little studied in the scientific field. The following researchers relate to certain aspects of the use of digital technologies in the administrative and jurisdictional process: Shurukhnova D.N., Prokopov M.S., Kramer U., Mickiewicz L.A., Vasilyeva A.F. ^[4] and a number of others. During the work on the research, a set of scientific cognition methods was used. General scientific, private scientific, as well as special methods of cognition were used. The general methods used were observation, analysis and synthesis, induction and deduction. The general scientific methods were the system method and the method of structural analysis. The specific sociological method was used as a private scientific method. The special methods used in the work include various ways of interpreting law.

When starting a study, first of all it is necessary to answer the question: "What are digital technologies?". Despite the fact that the concept of "digital technologies" has been very actively exploited in Russian legislation in recent years, there is no generally accepted definition of this phenomenon in its norms, which creates certain problems in law enforcement practice ^{[5, p. 3]}. Nevertheless, in some normative acts it is still possible to find characteristics of digital technologies. For example, the Government of the Russian Federation, in its Resolution No. 551 of May 3, 2019, defines "end-to-end" digital technologies, i.e. digital technologies underlying digital transformation. According to the interpretation provided by the Government of the Russian Federation, these technologies should be characterized as part of the technological process of producing goods, performing works and rendering services, which is a complex of processes and methods of searching, collecting, storing, processing, providing and distributing information that ensure the production (supply) of goods and services during economic activity. and the performance of work: 1) the growth of significant characteristics of the technological process; 2) the growth of significant characteristics of manufactured goods, work performed, services provided; 3) cost reduction.

We can find a different definition in Rosstat Order No. 363 dated 07/31/2023, which addresses the issue of the introduction and use of "end-to-end" digital technologies. In this document, these technologies are defined as promising horizontal technologies with cross-industry applications that ensure the creation of innovative products and services and significantly affect the development of the economy, radically changing existing markets and (or) contributing to the formation of new markets. Among the types of "end–to-end" digital technologies, Rosstat mainly names such technologies as artificial intelligence (hereinafter referred to as AI), robotics and sensors; the Internet of Things; promising mobile communication networks; virtual reality (hereinafter referred to as VR) and augmented reality (hereinafter referred to as AR) technologies; distributed ledger technologies; quantum technologies.

An analysis of Part 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation, part 1 of Article 70 of the Civil Procedure Code of the Russian Federation and Article 71 of the Code of Administrative Procedure of the Russian Federation, Article 26.7 of the Code of Administrative Offences of the Russian Federation indicates the absence of a unified normative understanding of basic terms in the field of electronic evidence and digital technologies. There is no common position regarding the concept of digital technologies in the scientific and research environment. For example, according to Popov S.A. ^{[6, p. 447]}, the concept of "digital technologies" implies the use of various digital devices in order to work with data, as well as to implement automation and resource management processes. Another characteristic is given, for example, by Malenkov Yu.A. ^{[7, p. 84]}: digital technologies are technological solutions that create favorable conditions for the growth of human living standards. In our opinion, such definitions are too broad and do not reveal the essence of the phenomenon under consideration.

To a somewhat greater extent, the concept of "digital technologies" is revealed, for example, in the definition of L.O. Soltsin ^[8]. By them, the author understands methods, technical means and solutions for data processing and transmission through the use of interactive communication channels that make it possible to raise the level of information processing and the relevance of the output of results at the request of users.

Note that some researchers give a more specific and narrow definition, focusing on a specific field of application. For example, Zubarev S.M. and Sladkova A.V. in their article ^{[9, p. 55]} reveal the concept of digital control technologies in the field of public administration: These are information technology processes that cover the control activities of authorized government agencies, civil society institutions and citizens, which are designed to create conditions for the legitimate and constructive functioning of executive authorities.

Nevertheless, an analysis of scientific research on the concept of digital technologies allows us to conclude that most researchers do not disclose the essence of this concept, reducing everything to a list of types of such technologies. For example, Kartskhiya A.A. in his doctoral dissertation ^{[10, p. 3]} names the following digital technologies: artificial intelligence and machine learning, the Internet of Things, Blockchain, VR and AR, Big Data, cloud computer services and computing, smart complexes and devices, digital twins, social networks, modern bioengineering technologies, cybersecurity systems, aggregators, and other related technologies.

We believe that today we can distinguish mainly the following types of "end-to-end" digital technologies:

1) artificial intelligence;

This technology carries a set of technological solutions that provides an opportunity to simulate human cognitive functions and obtain results commensurate with the results of human intellectual activity. Note that AI can take both virtual and cyberphysical forms ^{[11, p. 18]}.

2) Robotics;

The designated technology consists in the design, manufacture and application of robots (i.e., largely autonomous programmable actuators designed to perform movement, manipulation or positioning) and robotic devices (according to GOST R 60.0.0.4-2023 "Robots and robotic devices. Terms and definitions").

3) sensorics;

In this case, we are talking about a complex digital technology consisting of methods for measuring physical quantities, as well as methods for processing sensory information ^[12].

4) Neurotechnology;

These are technologies designed to use higher nervous activity, to understand the work of the human brain, how its thought processes are built ^[13].

5) VR and AR;

VR is a group of technologies that makes it possible to immerse a person in a virtual world using specialized devices, while providing the subject with the effect of being present in such a world ^[14].

In turn, AR, unlike VR, only complements the real world with virtual details, providing real-time integration of information (in computer graphics format, audio format, etc.) with real-world objects.

6) "Internet of Things";

This technology is a dynamic global network infrastructure with self-configuring capabilities, where physical objects ("things"), when connected to the Internet, can exchange data with other devices or systems using various electronic devices, including sensors and sensors integrated with them that collect and process information in real time ^{[15, p. 106]}.

7) distributed registry systems (for example, blockchain).

The distributed registry system is a new approach to creating distributed databases (each of which is accessed via a single interface), where there is no single control center and where each node independently compiles and records registry updates ^[16].

So, let's return to the issue of the use of digital technologies in the administrative and jurisdictional process. As we noted earlier, the sphere of administrative and jurisdictional activity needs global digitalization. The problem of technological lag is particularly acute in the proceedings on administrative offenses related to the process under study ^{[17, p. 119]}. D. Litvinov ^[18] noted that the Code of Administrative Offences of the Russian Federation (hereinafter referred to as the Administrative Code of the Russian Federation) remains today the only code in which there are no norms allowing the use of digital technologies in the conduct of legal proceedings.

It is worth noting that back in 2019, the Concept of the new Administrative Code of the Russian Federation was developed and published, where clause 5.3.4 indicated the need to address the issue of using modern technologies that would allow participants in proceedings on administrative offenses to electronically send documents related to the consideration of the case, fill out forms of documents posted on the official website of the administrative authority. jurisdiction, etc. ^[19] Nevertheless, as practice has shown, the issue has not been fully resolved. It is interesting to note that in 2022, the first Deputy Chairman of the Federation Council Committee on Constitutional Legislation and State Construction, I.V. Rukavishnikova, held a seminar-meeting on the prospects for the introduction of electronic proceedings in cases of administrative offenses ^[20]. Among other things, it set the task of digitalizing all stages and procedures of this production. New amendments to the Administrative Code of the Russian Federation related to the solution of the problem we are considering were prepared by the Ministry of Justice in 2023. The developers of the bill pursued the following goals:

· consolidation in the Administrative Code of the Russian Federation of the legal basis for the introduction of electronic document management in proceedings on administrative offenses;

· consolidation in the Administrative Code of the Russian Federation of the possibility of remote proceedings in the case, if there is an appropriate technical capability ^[21].

The bill has been under approval by the Government for a long time, but at the end of October 2024 it became known that the Cabinet of Ministers had returned to the reform of administrative records management ^[22]. The following amendments to the Administrative Code of the Russian Federation were prepared:

· Participants in the process will now be able to submit documents (complaints, petitions, etc.) in cases of administrative offenses in both paper and electronic form (applications are also submitted electronically), if they have the appropriate technical capability.

· electronic documents can be submitted in one of the following ways: through the portal of public services of the Russian Federation (complaints filed through the portal, applications can be signed with a simple electronic signature, if the Administrative Code of the Russian Federation does not oblige in a particular case to use an enhanced qualified signature); through an information system determined by the Supreme Court of the Russian Federation or its Judicial Department; through an electronic signature system. document management of participants in the proceedings on an administrative offense using the system of interdepartmental interaction.

· The procedural documents will be sent to the participants of the case using the same methods they used to send the documents. In the event that a citizen completes registration in the system and agrees to receive the documents, they can be sent to him through the portal of public services. At the same time, court decisions and rulings posted in the official information system of the Supreme Court of the Russian Federation will be considered served.

· If technically possible, the authority and the official may be able to attend via video conferencing or a web conference system when signing the protocol on an administrative offense.

· at the request of the person, at the initiative of the judge, the participant in the proceedings also has the right to participate in the court session remotely.

Thus, it is obvious that in the coming years, the state should carry out serious work on the digitalization of the administrative and jurisdictional process. Nevertheless, it cannot be said that digital technologies are not used at all in this process. As practice shows, most cases of the use of such technologies are associated with the recording of an administrative offense (recall that, according to the provisions of art. 28.1 of the Administrative Code of the Russian Federation, the recording of an administrative offense committed in a number of areas is the reason for the initiation of an administrative offense case).

Here are some practical examples. With the help of a special technical tool with the functions of photography, cinematography, and video recording - "An automated complex using an intelligent neural network for video recording violations with pre–installed software", an organization violated the order and conditions of maintenance of the territory (ignoring snow removal duties, ice, etc.). The organization that committed the offense was brought to administrative responsibility (see The decision of the Arbitration Court of the Moscow Region dated August 18, 2023 in case no. A41-17944/2023).

Another example. In 2018, citizen Popova was fined for a single picket near the State Duma building. The commission of the offense was recorded by a video surveillance system built on the basis of the Moscow Unified Data Storage and Processing Center state information system, which, among other things, can use facial recognition technology ^[23].

Another step towards solving the issue of digitalization of the administrative and jurisdictional process was the use of unmanned aerial vehicles (UAVs) in order to automate the processes of monitoring and documenting offenses. In 2024, reports began to appear in the media about the launch of Russian-made complexes with a video camera for UAVs equipped with artificial intelligence ^[24].

Undoubtedly, the introduction of UAVs not only opens up new opportunities, but also creates a number of problems. It should be noted that the regulatory framework for the use of these technologies is at the stage of formation. One of the significant problems with the use of BLPA is the lack of parameters and criteria by which automation determines the composition of an administrative offense. At the moment, the objectivity of fixing illegal acts depends, in fact, on how its manufacturer programs the appropriate criteria for fixing violations in the functionality of such a complex ^{[25, p. 28]}. There is no complete fixation technique. Another problem is the high dependence of UAVs on the cyber security of data transmission lines, as well as on the characteristics of the radio frequencies used to control the aircraft ^{[26, p. 11]}. UAVs are practically not protected, there is already software that can intercept the control of unmanned aerial vehicles during flight ^{[27, p. 71]}. In addition, the problem of personal data protection when using UAVs is becoming particularly relevant. There are also technical problems that need to be solved by design engineers: for example, the presence of errors in the navigation system.

Let's also pay attention to the attempts of individual subjects of the Russian Federation to introduce digital services into the administrative process. For example, the Government of St. Petersburg adopted a subordinate regulatory act providing for the replacement of an electronic mailbox with an electronic form (the Electronic Reception service) ^{[28, p.768]}.

Thus, the main types of digital technologies used in administrative and jurisdictional proceedings include digital services, as well as automated complexes using neural network technologies. To summarize, it is worth mentioning the importance of digitalization of the administrative and jurisdictional process ^[29]: the introduction of technology will speed up the preparation and review of case materials; non-professional participants in the process will be able to independently analyze the prospects for their participation, the mechanism of the process will become more transparent for them. reducing the number of technical errors, and, consequently, improving the quality of procedural documents. At the same time, it must be understood that the introduction of digital technologies involves a number of risks. For example, the issue of the permissibility of using the chatbot ChatGPT in the judicial process has caused a serious discussion, which makes us think about new risks for justice. In 2023, the ChatGPT chatbot was used for the first time in Colombia when making a court decision ^[30]. The system formulated a decision for the judge, providing it with links to the practice and explanations of the local Supreme Court. Nevertheless, many experts rightly point out that today artificial intelligence is unaware of the principles of justice and humanism in sentencing. It is also worth expressing concerns about the reliability and objectivity of artificial intelligence algorithms.

So, based on the above, we propose the following definition of digital technologies used in the administrative and jurisdictional process: These are information technology processes that ensure the creation of innovative products and services used to improve the technological efficiency of administrative and jurisdictional processes. In conclusion, we note that there is a need for more detailed regulation of the algorithm for using digital technologies in the administrative process. The successful solution of these tasks will significantly improve the efficiency of public administration and ensure, in particular, a more complete implementation of the principle of the inevitability of responsibility for administrative misconduct.