Научная статья на тему 'The role of information and communication technologies in legal practice'

The role of information and communication technologies in legal practice Текст научной статьи по специальности «СМИ (медиа) и массовые коммуникации»

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Ключевые слова
LAWYER / INFORMATION TECHNOLOGY / PC / INFORMATION

Аннотация научной статьи по СМИ (медиа) и массовым коммуникациям, автор научной работы — Yunusova Minavvarhkon Sabirovna

In this paper we explore problem of creating, as well as the effective use of electronic information tools is currently particularly relevant. The task of a modern lawyer is to use them rationally in the relevant legal activities, since any information technology must be properly implemented in legal processes and procedures.

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Текст научной работы на тему «The role of information and communication technologies in legal practice»

Section 6.Information technology

https://doi.org/10.29013/ESR-19-11.12-25-28

Yunusova Minavvarhkon Sabirovna, Tashkent State University of Law E-mail: munir-1972@mail.ru

THE ROLE OF INFORMATION AND COMMUNICATION TECHNOLOGIES IN LEGAL PRACTICE

Abstract. In this paper we explore problem of creating, as well as the effective use of electronic information tools is currently particularly relevant. The task of a modern lawyer is to use them rationally in the relevant legal activities, since any information technology must be properly implemented in legal processes and procedures.

Keywords: lawyer, information technology, PC, information.

Introduction. With the onset of the 21st century, der the information technology we understand "the which went down in world history under the name of "information", rapid development has become an industry of modern technologies, the products of which deeply integrated into almost all spheres of public life [3-5]. Global telecommunication networks appeared and became widespread, which led to significant changes in existing social relations. The various gadgets that are the latest achievements of this industry are so closely entrenched in our daily lives that we are almost dependent on their use -it is difficult to imagine a businessman (or contract employee) who would not use his computer for professional activities or, at least least a mobile phone. It should remembered, that the main goal of information technology is to optimize our time spent on professional activities, i.e. no case should such technologies be perceived as the only way of leisure. In modern literature, there are several approaches to the definition of the concept of "information technology". From the point ofview of analyzing the quality of the information presented, over which certain actions performed that change its characteristics, un-

totality of methods and methods for obtaining, processing, presenting information aimed at changing its state, properties, form, content and implemented in the interests of users" [1; 2].

To date, the information component is the main component of the professional activity of a specialist in the field ofjurisprudence. All stages of the legal impact process are carried out using continuous information communication with the activities of institutions, enterprises, organizations, citizens, etc. On the basis of timely collected, sufficient, analyzed information, for example, an information model of the crime is built and the necessary decisions are made. Information support is the core oflegal activity.

Despite the fact that traditional methods and forms of obtaining legal information for a lawyer remain a necessary tool for searching for subject material, and printed media of information data (texts of laws and other regulatory legal acts, codes and comments thereto, published judicial practice, etc.), legal literature of scientific and practical significance, as before, remains in the use of lawyers as a source

material for making legal decisions, their professional activity still requires knowledge of them th in the field of information tools and technologies for the search and use of legal texts in electronic form, as well as practical skills and their application [1; 2; 5]. This is due to the introduction in the legal activity of computer help systems and special software.

The presence of a personal computer as a necessary tool for changing the state of information allows a lawyer to quickly find and process legal texts, transfer them over the Internet, receive an answer to his queries, select data from a certain set of information, etc. In addition, it becomes possible to solve legal tasks quickly and correctly, which means it's most effective.

In general, information processes in the legal system are processes of search, collection, production, receipt, storage, dissemination, processing, transmission and consumption of information, adoption of necessary decisions on its basis and are determined by the specifics of a particular subject area

Typical operations (actions) of information technology are:

• Collection and registration of information;

• input of information;

• Information transfer;

• data processing;

• information output;

• data storage;

• accumulation of information;

• search for information;

• analysis of information.

A similar definition can be found in many works: "Information technologies are processes, methods for searching, collecting, storing, processing, providing, disseminating information and methods for implementing such processes and methods" [5]. However, in our opinion, the most accurate definition is given in the scientific works of E. V. Nadygin, where such a technology is defined as "a combination of processes based on the achievements of modern computer technologies and means of communication influencing information, tools for obtaining

diverse information, as well as a way of interaction between members of modern society, the method of joint decision making and the birth of new knowledge, the creation of legislation, development of the legal system of the state as a whole "[5]. What is the role of information technology directly in legal activity, why do we need a computer in the work of a lawyer - did they somehow manage? In legal activities, information technologies are designed to solve a number of problems, the appearance of which is due to the specifics of the work of a lawyer - in the first place, the search, processing and analysis of current legal information. However, it should be noted that with the development of the Russian legislative base, such technologies were also used to quickly exchange information, provide the necessary data to state authorities, and even in the framework of judicial procedures. Modern technologies significantly accelerate the process of searching, preparing and analyzing legal documentation required in each case. Moreover, often information technology is not just ease of use, but also an opportunity to avoid possible "traps" that the legislator intentionally or unintentionally left to citizens. It's not a secret for anyone that most representatives of the older generation prefer to draw up documents "old", manually, that they use not very honest bureaucrats, so as not to react to certain appeals of citizens.

Further integration of information technologies in legal activities will significantly reduce the time spent on making decisions within a specific legal situation, to improve the quality and develop the right solution. To carry out its professional activities, the lawyer is often required not only legal information but also various statistical data, research material and General information in the related fields of public activities. In most cases, the lawyers get all these data from information technology: reference legal systems (hereinafter referred to as PCA), specialized databases and the Internet. A characteristic feature of a lawyer's work is the need to analyze the many options allowed by the circumstances of the case, from

which it follows choose the only - to find the most reasonable solution for each particular situation. Today almost all jobs, corporate lawyer, lawyer or legal counsel is established with a particular SPS. Leaders of the domestic market prevacidprevacid systems today are the following: "ConsultantPlus", "Garant" and "Code". Working with these systems provides lawyers reliable legal support, providing a huge list of opportunities, from access to the latest (actual) publications of normative legal acts and analysis selection of judicial practice in specific legal situations to the study of scientific and practical comments on the legislation and the use of various forms of legal documents. Considering specifics of work of a lawyer, drafting a huge number of procedural text documents (statements of claim to the arbitration court, failing to fulfill the conditions of the works contract for capital construction, the recovery of cash from a Bank account, debt collection, debt under the loan agreement, etc.), from the lawyer requires committing the same type of operations, associated not only with the formation and formatting of the documents themselves. For automation of routine operations you can use the text editor Microsoft Word merge documents. The essence of the fusion of documents is that is generated by the receiver (the template) and the source document (table) with specific data, that when combined generate a set of similar documents with various details. The result you can either display directly on print or in a new document with many pages. Merge can be used to create any type of documents in which fields are mapped to data [1; 2; 5]. For written statement of claim about divorce and alimony for the child (children) in the Bulletin of the Council of young scientists and specialists of the Tashkent (17) (vol. 12017 73) Microsoft Word, you must perform the following steps: 1) create the source document in a separate table that contains the following information: name of court, name of claimant, place of residence and of registration of the plaintiff, name of defendant, place of residence and registration of the defendant, the

value of dispute (in rubles), date of marriage, place of marriage, period of stay (dates), children (name, date of birth), the date from which the plaintiff and the defendant does not reside, number of records; 2) create a document template of the statement of claim; 3) select "Start mail merge" - "step by Step mail merge wizard" on the ribbon, "Lists" 4) fill out the required blanks (on the basis of claim 1 of the recommendations) using panel the Merge (Fig. 2). In the future it is necessary to make only changes to the source document (the table), creating a new record. By merging the two documents it is possible to obtain an output document. Note also that currently, there are separate software products that facilitate the work of a lawyer (or a lawyer). These include the program complex "Workstation of a lawyer (attorney)" containing a database of cases (claims (claims, court, pre-trial cases) and participants in the process), an organizer (a notebook with contact information, a scheduler of working hours), a tool for compiling an inventory of documents, an editor for creating documents based on macros [5]. With the help of this complex, it is possible to automatically prepare documents, a journal of contracts with customers, display statistics on cases from the database, and create reports.

In the course of professional activities of lawyers, regardless of specialization always have to work with a large amount of information stored on various media, and share electronic information sources is growing every year. In addition, their work involved the processes associated with creating, processing and storing text documents, their structural and graphic design, systematization and statistical analysis of legal data, searching of legal material, information exchange through networks, including electronic mail. Therefore, an important part of the model of professional competence of a lawyer is information competence, which includes competence in the field of information technology, namely, to use the provided rich tools not only for information and its processing, but also for its presentation

in a new capacity; competence in communications and networking technology, which is characterized not only prompt acquisition of information, but also the ability to organize their activities in a qualitatively new conditions, for example, to create your own legal advice on the Internet; analytical competence, the essence of which is skill based information technologies to obtain, to summarize and analyze professional information [3]. The competence of professionals (including a lawyer) in the field of information and communication technologies, many researchers [3; 5] relates to the basic along with scientific, socio-economic, civil, Polytechnic etc. In accordance with the common understanding of the phenomenon of ICT-competence, analyses the provisions of the Qualification Handbook for managers, professionals and other employees, ICT possibilities for the legal sector, we have developed the following author's definition of the phenomenon being studied: the competency of a lawyer in the field of information and communication technologies is a complex personal and professional characteristics, containing motivational and valuable, cognitive, operational and reflective design components, giving you the flexibility and the lawyer's willingness to adapt to changes in professional activity in the conditions of Informatization of society, to move

ideas from the field of Informatics and information technologies in the legal sphere when working with databases, various documents, and strive to creative expression with the use of ICT [1; 2; 4; 5]. Among the key competences that constitute information and communication competence of a lawyer, you can specify the following: information (characterized by the means of reception, storage and transmission of information); design (characterized by means for determining objectives, resources, actions to reach them, timing of implementation); evaluation (characterized by methods of comparison, classification, abstraction, prediction, systematization, specification of information); communicative (characterized by the ways of conveying information and attracting resources of other people to achieve their goals) [3].

Conclusion

Information technologies are increasingly influencing social relations, and the problems associated with their use, as well as determining the role and place of such technologies in the life of a modern person are still not resolved. Nevertheless, with the development of society, the role of technology in human life will only increase. Thus, a high level of training in the professional, humanitarian and information sphere is simply necessary for "survival" in the current conditions.

References:

1. Verbitsky A. A. Competence approach and theory of contextual education // Proceedings of the methodological seminar "Russia in the Bologna Process: problems, tasks, prospects." - M., 2004.- 84 p.

2. Zimnaya I. A. Personal-activity approach as the basis for the organization of the educational process [Electronic resource].- Access mode: URL:http://psychlib.ru/mgppu/ZOsv-01/ZLD-244.HTM

3. Mikhnev I. P. Teaching and monitoring student knowledge with Uni Test // Basic research. 2008.-No. 1.- P. 94-95.

4. Yunusova M. Yu. Solving legal problems using combinatorics. VI international conference "Nonlocal boundary value problems".- Vol. III. 2018.

5. Yunusova M. Yu. The importance of the course "Professionally directed informatics" for the training of lawyers. Higher education today. 2011.

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