Using internet-technologies in activity of the constitutional courts
"E-democracy" is a public use of Internet technologies Analysis of the problems dialogue information and of the notional device, uniform and available for specialists, facilities of the electronic constitutional court, on-line participation of citizens.
|Рубрика||Государство и право|
USING INTERNET-TECHNOLOGIES IN ACTIVITY OF THE CONSTITUTIONAL COURTS
Modern tendencies of democratization, of development of general human values are characterized by increasing quality of management of legal development, creation of international precedent constitutional law, formation of state constitutional control. The aspiration to adopt the European constitution predetermines new tasks of informatization of law making and law realizing (law enforcement) activity. Industry of co-ordination by the European community of the process of increasing of efficiency of the law and its application in the new conditions becomes the most important goal of e-democratization.
European models and standards require creation of adequate instrument and acting strategy of designing of the uniform legal information space that will allow many countries not to abreast of pace of development. Standardization in the field of legal technology is the most important decision, which guarantees the high quality not only of law making, but also constitutional justice and constitutional control. It will enable greatly to reduce the price of management of democratization of states, to assist the European wide monitoring for judicial activities. Introduction of standardizations of legal technologies will give the appreciable advantages, both for producer (courts), and for consumer (the society, citizens).
Information and cognitive legal information technologies (IT) are the major engineering block of the whole building named "Electronic democracy". The main driving power of advancement towards e-democracy is the aspiration to make democracy, government, legislative bodies, constitutional courts and political processes more open for the society and hereunder to give each of them chances and possibilities of active participation in state control, in establishment of justice. If this or that institution does not give information concerning its activities it is difficult to expect from the society, citizens openness, activity and great amount of applications to this institution, in one word, to the dialogue between citizens and the power, state bodies. In modern conditions social relations, social capital more and more depend on capital of legal relations. Legal relations, in turn, depend on efficiency of using of legal IT.
So the best way to guarantee on-line involvement of the citizens in processes of making decisions is to introduce dialogue instruments in official democratic processes and thereby to provide systematic and full access to legal, legal public information, especially about constitutional rights of the citizens. Information besides theoretical value has high practical value since it is the base component of e-democracy.
"E-democracy" is defined as public use of Internet-technologies to give information, to provide communication. As a whole the analysis of constitutional information space shows that practically in the total problem of electronic democracy there are involved four following categories of the problems: on-line (dialogue) information and problem of the notional device, uniform and available for specialists and citizens, facilities of the electronic constitutional court, on-line participation of citizens and problems of infrastructure. The generalized description of each category of these problems is given below.
Till present there exist in practice no uniform united approach to such key legal notions as "criteria", "principles", "conditions", "preconditions ", "facilities", "possibilities", "restriction of human rights". Without standardization of the notional device and unification of decisions of the constitutional courts it is impossible to install active operative on-line dialogue not only between the constitutional courts but also between national courts and national institutes of justice, between citizens and the government, as well as between courts of genera jurisdiction.
Facilities of the electronic constitutional court (CC). This category of problems covers use of Internet, e-mail and other instruments for granting services with greater efficiency, velocity, with perfected access and higher quality. The example of on-line access to the decisions is shown by the Constitutional Court of Armenia, where the sides, participating in judicial cases, have the possibility of free dialogue access to decisions on similar or close events. Information on web-site http://www.concourt.am (acts since 1997) is submitted in three languages: Armenian, Russian and English and displays the structure of the court and the sphere of its activity. On the first page it is possible to see the whole menu of access to the main sections of the site: "About the Constitutional Court", "The Constitution of Republic Armenia", Law of Republic Armenia "About the Constitutional Court", "Regulations of the CC", "Staff", "Decisions", "Schedule of judicial sessions", "Library", "International relations", "Annual reports", as well as projects, created and realized in the Constitutional Court of Republic Armenia .
Such structure enables the citizens first to get acquainted with the legal base of activities of the court, its functions and results to activity, then to get acquainted with the personnel and members of the court, as well as to communicate with them on e-mail. For each member of the court there are brought their biographic data and e-mail address. Hereinafter follow the decisions of the court, divided into groups on years from 1996 till 2008. There are presented full-texts of all decisions (in total 741 on 25.03.08) in the Armenian language and the most significant are presented in the Russian and English languages.
For the period of activity of the Constitutional Court of Republic Armenia, there have been published a number of books, monographs, scientific journals, articles, bulletins of Conferences of bodies of the constitutional control of the countries of the young democracy "Constitutional justice", collections of the International Almanac "The Constitutional justice in the new millennium" and others. Section "Electronic library" gives information about activity of the court outside of direct duties, and is the virtual scholastic book for scientists, students, lawyers and judges, common citizens in the field of law, constitutional control. Besides, the CC disposes the great electronic library on compact disks. Since 1996 the court has organized different conferences: annual international Erevan seminars, which have already become traditional, international seminars Unidem and others. The materials of these activities are presented in section "Conferences". All interested persons can not only read the reports, but can also copy them.
In the transitional society, in our opinion, the constitutional courts as the phenomena of the new epoch should become the centre of the new legal thinking, formation of new mentality, and first of all of the youth. The Constitutional Court of Armenia has undertaken the task through the public organization - Centre of the Constitutional Law to realize training and organizing of republican Olympiads for the youth. The Olympiads serve the demonstrative example and practical instrument for the youth on use of new information, web-technologies. The students of schools and high school from different regions and the city of Armenia, connected to network Internet, call at on websites olympiads, get acquainted with educational resources, rules and conditions of organization of olympiads, copy virtual laws, test questions and, having answered them, become the participants of the olympiads, send their answers on e-mail. As a result the greater number of schools and schoolchildren, teachers with greater enthusiasm and activity are involved in participation in olympiads.
At present the majority of courts give their information through Internet for mass access. Thus, the important condition for full realization of granting of on-line information is strengthening of cooperation between electronic courts and created public-private partnership by joint (separated) use of the uniform information. It gives the grounds for the specialists to confirm that the first tendency in the field of development of the electronic democracy is in strengthening of mutual cooperation and joint use of total for all interacting sides of information.
In sections of the site of the Constitutional Court of Armenia there are presented the unique information basis "Constitutions of the countries of the world", "International documents on human rights", other legal resources, as well as electronic catalogue of the references to legal facilities of Internet, having great popularity among users of the network, both in the republic, and abroad. The Directory legal resource is the powerful modern instrument for quick search for necessary legal information, familiarization with different international and concretely inherent to the given country experience, with legal tasks and their decisions. The given instrument allows the user during minutes to install and support relations with other legal institutes. Using universal search technologies, only within the framework of the given directory, there are decided many complex tasks of the Constitutional court with the greater efficiency, speed and accuracy. In section of the international relationship of the web-site there are described results of the meetings of the members of the CC of Armenia with the representatives of the constitutional courts of the other countries, the Venice commission, different international organizations on human rights and others.
The critical factors of success and problems of the infrastructure.
While the above mentioned problems dealt with use by the citizens of on-line instruments, there still exist serious problems in the field of infrastructures, which is one of the fundamentals of e-democracy. For successful development of instruments of support of the electronic democracy it is necessary to conduct the serious work on reduction of the existing digital stratification in all its displays, on improvement of e-leadership, on development of the technological infrastructure in the countries of the young democracy, on providing of the population with the dialogue access, on option of rational models of granting services on the part of e-courts and the number of the other problems.
The technologies of processing and analysis of multilingual information resources in decision of legal and educational tasks.
In the Constitutional Court of Armenia there has been created the unique computer system for the constitutional comparative analysis "Voronum". Its resource base contains 149 constitutions of the different countries of the world, as well as English-Russian-Armenian dictionary main constitutional notions (474 words and expressions), international documents on human rights and English-Russian-Armenian dictionary of the keywords on human rights (179 words and word-combinations). At creation of the given system there has been taken into account that the major number of the users of the legal resource are not specialists in the field of computer technologies. As a result, the system "Voronum" has been enclosed with the subsystem, greatly simplifying functioning(working) of the users: search for document at request in the Russian and English languages, ranking of documents on degree of vicinity to the request, lighting of the discovered phrases and expressions in the document. At present the work is being done on search for documents at request in the Armenian language.
For simplification of the analysis of the documents, in them there are stood out the words and phrases, on which there has been made the decision on the correspondence of the document to the request. This particularity of the system greatly simplifies the work with the documents found and allows if required, to look through only the necessary fragments of large documents. The advantage of the system is that circumstance that the user being not a professional, jurist there is offered the set of the base keywords. On the screen of the computer there is removed the alphabetic list of the countries of the world, or the map of the world.
The complex use of Internet basis of the main laws, the basis of the international document on human rights and the basis of local national legislation will allow to create the universal scientific instrument for development and optimization of the uniform European legal information space, to simplify greatly the processes of reforming of local legislation, especially in countries of the young democracy and in the developing countries. The system "Voronum" is the necessary electronic-educational library for students, university educators, registered in the National agency on copyrights on 15.04.1998.
In spite of broad spreading of Internet in the world, as a whole the degree of its use by the constitutional courts is still insufficient to provide the speed development of the electronic democracy. Not all facilities have gained popularity among the citizens. In this connection we have developed the interactive methodology of measurement and estimation of quality and calling of virtual representation of the constitutional courts and other legal institutes. The designed instrument has allowed conducting the comparative analysis of legal Internet resources of different international organizations, including constitutional courts.
The notion of quality and calling legal information resource (IR) is rather capacious. It comprises in itself the set of such parameters as timeliness, clarity and accessibility, value, authority, urgency, popularity, informity, validity, information and etc. In our research there have been considered such Internet facilities, as portals, sites and web-pages of bodies of the constitutional justice, constitutional courts, supreme judicial courts, as well as International commissions, institutes, associations, the European Court on human rights, Conference of European constitutional court, legal library of the Congress of the USA and etc. As a whole there have been considered the web-sites of 56 courts, 14 international and European organizations.
For greater objectivity, convenience and simplicity of the analysis, and proceeding from the principle of sufficiency, in our research there has been used the popular on the rating criteria the international search system GOOGLE. By means of GOOGLE (distributed on hundreds of millions of web-users) there have determined rating indicators of reciting of the resource and the amount of document with references to the considered IR. Table 1 lists legal Internet resources in the field of the constitutional justice, sorted on rating indicators got by means of instrument of Google.com (on November 15, 2007). The first ten of the most qualitative and called by IR are the sites of: the Supreme Court of Japan (180000), the Supreme Court of Brazil (170000), the Constitutional Council of France (13100), the European Court on human rights (130000), the Constitutional Court of Italy and the Supreme Court of the USA (115000), the Federal Constitutional Court of Germany (113000), the Supreme Court of Mexico (82000). We should note a rather high rating (19 places) of the site of the Constitutional court of Armenia (32700), having the highest indicator among the countries of the former USSR (table 3). On the second rating place is the site of the Constitutional Court of the Lithuania (23400). On table 1 Lithuania occupies the 24-th place. The site of the Constitutional Court of Ukraine occupies the third place (19600), on the table 1 Ukraine occupies 27th place.
Table 2 comprises sorted on the rating sites of 14 international legal institutes, commissions and associations. The absolute factor on rating among all the considered IR occupies the site of the office of the Sovereign Commissar on human rights of the UNO (1200000). The Site of the Venice Commission of Council of the Europe occupies the second place (70900). The Institute of the European constitutional law occupies the eighth rating place (764), the Conference European constitutional court occupies the 10 rating place (371). The last place on the site is occupied by the International association of the constitutional law (72).
In the recent years there have been organized many international conferences on different problems of the constitutional justice. Sometimes efficiency of these activities is not high as it is connected with the difficulty of organization or displacement, with waste of time (or irrational use of time). We think that the possibilities of Internet today are such that it is possible to spare more attention to organization of scientific e-discussions on their beforehand worked out problem, as well as electronic seminars on this or that concrete problems, which have already become or can become the subject for consideration in the constitutional court. This new mechanism of the electronic dialogue can be opened, available to specialists, other public organizations, which will not only be able to communicate on such actual problems, but will organize interesting feedback with a person, a citizen, whose interests and rights must provide the constitutional courts. The electronic forum of the kind for specialists is organized by the Venice Commission of the Council of Europe.
Thereby, it is possible to foresee that in the nearest years the decision of the specified problems, including, the development of virtual representation of the constitutional courts in network Internet, active using multilingual legal IT technologies, training at legal faculties of universities of jurists - specialists in the field of legal information technology and legal informatics, as well as electronic control, standardization of legal notions and terms will allow to realize the strategic concept of the uniform electronic constitutional justice in the global virtual of space.
Modern society is the information civilization in which former stereotypes gradually lose their importance. On the threshold of the 21st century the world faced use of the latest facilities and means in achievement by separate states of their own strategic goals.
When the nuclear warfare, and then the cold war have been left in the past, they have been changed with the wars of absolutely another, information quality - using the so-called clever methods, wars no contact of the sixth generation  - which have got the name network wars, but which on their tragic consequence, probably, begin to overlay what common wars bring.
The network war if to say briefly is the set of influences (basically informational), whose carrier is the network structure, directed to preparation, organization and undertaking subversive antistate operations which is the new metatechnology of external interference in the state affairs. The network structure of psychological and information war forms at its participant's special network consciousness, which is incompatible with love to Motherland - Pridnestrovie. It in fact is cosmopolitan, recants whole state national, and goes on the way of treachery of its Pridnestrovian people. It Is explained so that in network each searches for the similar ones and creates the new virtual space with them. The network levels the society, deprives its members of the memory of ancestors, traditions, religion, statehood. The Network consciousness does not recognize borders, violates and even rebels against them.
The network structure, as a rule, is not connected with the statehood, moreover, is hostile to it; therefore its activity is often of the antistate nature. The network structures, trying to realize their own antistate purposes, undertake the efforts on introduction in political elite of the carriers of the network consciousness, "fission" from its ambiences agent influences.
In the network everything is hidden and anonymously. Exactly anonymity of the spiritual purpose is the major principle of its activity. Actually, the network war in broad sense of the word is the war of the network against the state, its hierarchy, and lead by the network structures using the network strategy and network methods. The essence of the network strategy is that the state, society should not seen the system nature of the network aggression and its main dartboard - the state structures of the power.
The young people by virtue of their age psychological particularities have not only nihilism, and the known radicalism that under skilful manipulation is easily transformed in destructive political potential, used by the structures of NGO. It is very difficult to destroy such network structure. The network community actually does not have controlling centre though, certainly, in reality there is the certain hidden coordinating power, which, as a rule, always remains in shade.
But even if the central body is localized or is even destroyed, management will automatically go to a new centre, in which will change any authoritative networking. Another important particularity of the network is the intercoupling of each element of the network with all the rest. Each member of the network during its social-active life gets through several communities, often being listed in several immediately. And its relations and acquaintance enlarge and multiply. As a result the web of the internal relations forms the multivariate network, in which any information set from the one end, will certainly reach the other end.
The so-called muscle of the network is the so-called bee swarm community, basically informal. It, on the one hand, is different west funds (Soros, Carnegie, Ford, Macarthur, Ebert, Adenauer and others.), and on the other hand, financed by them non-governmental organizations, which in fact is the front of the advancement of national interest of western countries. That's why, specialists in the sphere of psychological wars identify them with fingers of external policy of the USA, which interfere in the domestic life of the Pridnestrovian state, agitating, and recruiting the youth in their own rows.
Dozens of existing in Pridnestrovie non-governmental organizations (in 2004. in Tiraspol at the financial aid of the Swiss management of questions of development and cooperation in Republic Moldova there was published the Catalogue of non-governmental organizations of Pridnestrovie which included 137 different organizations) have already collected in their own network hundreds and thousands of our people. Thousands of the pridnestrovians have got in the sphere of their influence.
For the last four years in Pridnestrovie there have appeared a number of new nongovernmental organizations, including, such scandalous, as "Chord Travel" or "European information centre". According to the statistics, 2/3 of all non-governmental organizations in Pridnestrovie get financial support of the USA and European countries through their embassies and missions in Kishinev . Quite recently the representatives of the so-called civil society have recognized that embassy of the USA in Moldova finances more than 15 NGO in Pridnestrovie .
It is curious enough that in due time in "The Komsomolskaya Pravda" there has appeared the article under the very symptomatic title "We are agents of the influence of the West" . Exactly so, name themselves the employees of the funds, getting the money from the government of European states and the USA.
The main stress in the network war, in the opinion of the politologist S. Malinin, is made on deployment of "the heel of the pillar" inwardly in the state . These are usually the processed representatives of authorities, public and party figures. They create the necessary information ambience of the influence. It can be identified in different ways - the civil society or the structure of non-governmental organizations.
However, the fact is that the people, used in these structures, lead the necessary preparation to the future state catastrophe. Thus, ecologists speak about the deterioration of the ecological situation; ombudsmen apply petitions from the citizens about facts of corruptions and humiliation of their rights. Under slogans of democratic values seminars and conferences take place with the charitable evening parties. Dozens of such organization in Pridnestrovie collect different information in different districts of the republic.
On different sites in Internet it is possible to trace, how many different training-seminars and conferences on questions of moldavian-pridnestrovian regulation for local and international non-governmental organizations have been held, what reports and from what organizations have been transmitted to main funds. The analysis of these reports clearly demonstrate that, how the network of these non-governmental organizations has worked
Beginning from the year 2000 they report how many young people have been involved in organizing actions, how many students, teachers, professors and educators, From this mass of information we can gradually see the real picture of events. And when the network reaches the certain mass it is already possible to go to resolution actions, - from demoralization of the enemy - till frank provocations.
And then everything is already dramatized - someone is in prison and says that he is the political prisoner, someone participates in meetings, and someone prints the newspaper and leaflets with calls. Others make the disturbances, demonstrations, actions of protest, which gradually provoke the humanitarian crisis. As a result they shake abutment of the society, undermine the sovereignty of the state, and create the ground for the open external management.
There exist no state borders for the network war; it has no direct barriers, no zones of the influence of state authorities. And if it is possible to stop the direct external interference in the domestic policy in the Pridnestrovian state, the great number of network channel of realization of the external influence are not fixed as a rule by its special services.
Most brightly network wars were shown in comparatively bloodless colour revolutions in Yugoslavia, Georgia, and Ukraine. Outwardly the Serbian "Otpor", Georgian "Kmara" and Ukrainian "Pora" have not been supported by the representatives of the American authorities. However it is absolutely obvious that the structure of spontaneously appeared protest movements has been organized on one and the same standard. Here was present the same set of ideological clichй, the common symbology, transportability and simultaneity of action. And all this -at the absence of brightly expressed controlling centre.
Though, as far back as in 2003 the head of American Agency on international development USAID E. Natsios stated that people, who get the aid from self-controlled non-governmental organizations do not know that the American government stands for the majority of humanitarian projects .
In practice the network war has no beginning and has no end. It continues constantly and its purpose is to provide those who carry it with the possibility of all-round management of all acting forces and structure.
The typical feature of the organized on the network principle antipridnestrovian activity is an active introduction and manipulation of the information space of the PMR -public, political, spiritual, economic spheres of life to of the republic. Thus, as a rule, they use the technology of the so-called substitution: introducing in this or that area of vital activity through agency of the influence, political technologies try to direct its development on their channels, which will provide the achievement of their interests in the prejudice of the pridnestrovian society.
It means that introduction of network represents deprivation Pridnestrovie and its people of the independence and the sovereignty.
Thus, for instance, the USA states that that in the countries of C.I.S., including Pridnestrovie, they have created thousands of non-governmental organizations, having set a great number of program-projects and seminars such as:
- "Assistance in development of peaceful relations in Republic Moldova", organizer - the National Centre on support and information of public organizations of Republic Moldova "Contact";
- "Cabinet of support in crisis situations", organizer - Soros Fund;
- "Strengthening of non-governmental sector in the Pridnestrovian region of the Republic Moldova", organizer - Embassy of the USA in Moldova;
- "Pridnestrovian dialogues", organizer - Embassy of Great Britain in Moldova;
- "Ways of democratization in Pridnestrovie", organizer - Embassy of Great Britain in Moldova;
- "Development of interethnic tolerance amongst youth for the sanction of the pridnestrovian conflict", organizer - Centre of development of democracy and civil society of the Embassy of Kingdom of Netherlands in Moldova;
- "Power conflict: past, present and future", organizer - Soros Fund;
- "Involvement of youth and students in the process of creation of the future common state", organizer - Embassy of the USA in Moldova;
- "Problems of Conflict Management", organizer - European Masterat on human rights and democratizations and etc. .
We suppose that their names persuasively explain what the pridnestrovian youth is making, different non-governmental organizations are taught there. All these organizations act to considerable extent autonomously, but, eventually, work for achievement of the uniform purpose.
If to take for example, the program on support of the pridnestrovian journalism, at first sight everything, looks very decently - journalists are invited to trainings, seminars conducted by different specialists, most capable are even invited to the foreign countries, with payment of very high road expenses. However, after this training graduates of the given program begin "to water the dirt" in their own publication on the existing system, power, power structures.
And it is not surprising that 150 representatives of the Russian business, media-structures and officialdom, many of whom have got higher education in Oxford, Cambridge, Warrick and the other universities of Great Britain, have signed the open letter to the President of Russia Putin V.V. with the call to revise the decision on closing the British cultural centre  (which is such non governmental organization). Undoubtly all these 150 persons are actually the agencies of the west influence in the Russian society.
The technology used today by the western countries in network wars, has got the name "principle spaghetti" . Its essence is that a rather clumsy bureaucratic, pyramidic state structure turns out to be weak before the relatively small, but exclusively impudent information locust.
It reminds the well-known Russian fairy tale about the fight of the bear with the cloud of midge, who brushes away from them with the whole the strong power, but can not obtain a success.
In other words, the state machine, the society is fought on different sides - here has been published the "the opposition" book, there has been organized the picket line "against", there - has been issued " the opposition" newspaper (for example "The person and his rights"), there - the mass-meeting of the protest, there - the hunger strike "against the authorities".
The Civil society, different non-governmental organizations, funds, movements, expert networks, granting, scientific communities, groups on interests, institutes and centres on study of ethnic problems and regulation of the conflict - all this taken together is used today by West against the independent Pridnestrovian state, they act in this way to determine the summons of the life of the republic, to interfere with its internal affairs as if protecting rights of a person and a citizen but in reality they roughly violate this rights and the sovereignty of the Pridnestrovskaia Moldavskaia Respublika.
We would like greatly to destroy the network principle of the information war against Pridnestrovie, but in fact it is senseless to say "n” to modern political technologies in the epoch of information society. Having appeared, they will only be improved.
Of course, it is possible to protect successfully of the network method applied by the enemy and be orientated on the victory over the enemy in conditions of the information society but solely by means of the similar weapon, neutralization of the threats in information, socio cultural spheres. It is necessary to have the own strategy of making of the similar networks for interaction with prostate network organizations and fight with doctrines and strategies of the enemy in information sphere.
However, we suppose today, in real economic and political conditions Pridnestrovie can not cope with this task (even Russia can not cope with it). Therefore it is necessary, proceeding from the real possibilities, to work out the strategy of protection from network structures and methods.
electronic internet constitutional court
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