Judicial and non-judicial protection of civil, family and labor rights in the conditions of globalization and digitalization of the state and society

 
PIIS102694520022201-2-1
DOI10.31857/S102694520022201-2
Publication type Article
Status Published
Authors
Occupation: Acting Head of the Procedural Law Sector
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation,
Occupation: Chief researcher, Civil Law and civil procedure Department, Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: 10, ul. Znamenka, Moscow, 119019, Russian Federation
Occupation: Leading researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: The Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Occupation: senior researcher Business Law and Corporate Law Department
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 9
Pages66-74
Abstract

The article considers the protection of the rights and legitimate interests of individuals and legal entities as one of the global priorities in the field of sustainable development and, accordingly, as a fundamental category of legal science. The authors, examining the procedural and substantive components of the mechanism for the protection of civil, labor, and family rights, highlight the features of its current state: a complex system of labor rights protection, which is seen to a greater extent as non-judicial (procedural); the complex nature of measures to protect the rights of participants in family relations, primarily the least protected category - the child; the impact of digital transformation and the transition to a “contactless” method of judicial and non-judicial protection, including in an environment of forced isolation caused by the pandemic. It is emphasized that the use of digital (online) dispute resolution mechanisms should ensure a fair trial and cannot hinder access to justice.

KeywordsKey words: protection of civil rights and legitimate interests, sustainable development, state courts, arbitration court, notary, Labor Law, Family Law, child rights, digital transformation, online dispute resolution
Received19.04.2022
Publication date28.09.2022
Number of characters31372
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