To regulate the judicial activities of Internet courts in Space Kingdom of Asgardia and to protect the legal rights, interests of parties and other parties, as well as to ensure fair and effective legal proceedings in accordance with the “Civil Procedure Law of Space Kingdom of Asgardia”, “Administrative Procedure Law Space Kingdom of Asgardia and other laws propose the procedure and consideration of the following issues when considering cases in the Internet court of Space Kingdom of Asgardia.
Article 1
Internet courts Space Kingdom of Asgardia (ICSKA)
shall conduct cases online, and the litigation links such as acceptance, delivery, mediation, evidence exchange, pre-trial preparation, court trial, and sentencing shall be completed online.
According to the application of the party or the need for a trial, the Internet court may decide to complete some of the litigation links online.
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Article 2
The following cases of the first instance should be considered by the first level courts within the jurisdictions of the municipalities in which Internet courts (IC) are centralized (for example, Austria, USA, China, Russia):
(1) Disputes arising from the signing or performance of an online shopping contract through an e-commerce platform;
(2) Network service contract disputes that are completed and performed on the Internet;
(3) enter into, perform financial loan contract dispute acts are done on the Internet, micro-loan contract dispute;
(4) The copyright or neighboring ownership dispute of the first published work on the Internet;
(5) Infringement of disputes arising from the publication or dissemination of copyright or neighboring rights of works on the Internet;
(6) Internet domain name ownership, infringement and contract disputes;
(7) Disputes arising from the infringement of the personal rights and interests of others, such as personal rights and property rights;
(8) Product liability disputes arising from products that are purchased through the e-commerce platform due to product defects and infringement of the personal and property rights of others;
(9) Internet public interest litigation cases filed by the procuratorial organ;
(10) Administrative disputes arising from administrative actions such as Internet information service management, Internet commodity trading and related service management;
(11) Other Internet civil and administrative cases designated by the people's court at a higher level.
(The list can be added!)
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Article 3
The parties may, within the scope of the contract and other property rights disputes determined in Article 2 of these Provisions, agree in accordance with the law to stipulate the jurisdiction of the Internet court where the dispute has actual contact.
Where an e-commerce operator or network service provider adopts a format clause form to enter into a jurisdiction agreement with the user, it shall comply with the provisions of the law and judicial interpretation regarding the format clause.
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Article 4
The case in which the parties appealed the decisions and rulings issued by the Internet court should be considered by the Asgardian Intermediate Court. All final copyright disputes on the Internet and infringement and domain name disputes can be appealed to the High Court of Asgardia. (НСA)
Cases in which the parties appealed decisions and rulings issued by the Internet court of Asgardia are considered in the НСA.
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Article 5
Internet courts the Space Kingdom of Asgardia should establish an online litigation platform (hereinafter referred to as a litigation platform) as a special platform for courts to hear cases, and parties and other parties for litigation. The trail through the judicial platform is legally binding.
The data involved in an online court case must be provided by e-commerce platform operators, network service providers, and relevant government agencies, and they must be accessed and verified on the Internet via the Internet court recorded in real time, and reliably managed. The court platform should store and use relevant data in accordance with the laws and regulations of the “Space Security Law of Space Kingdom of Asgardia”.
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Article 6
If the parties and other litigants use the litigation platform to conduct litigation, they shall complete the identity authentication through online authentication such as certificate verification, biometric identification or national unified authentication platform certification, and obtain a special account for the login litigation platform.
The act of logging in to the litigation platform using a dedicated account is regarded as the act of the authenticated person, except for the system error caused by the technical reasons of the litigation platform, or the authenticated person can prove that the litigation platform account has been stolen.
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Article 7
The Internet Court shall receive the indictment materials submitted by the plaintiff online and, within seven days after receiving the materials, make the following treatments online:
(1) If the conditions for prosecution are met, the case shall be registered and served, and the litigation documents such as the notice of acceptance of the case, the notice of payment of the litigation fee, and the notice of proof shall be served.
(2) If the submitted materials do not meet the requirements, the notice of correction shall be issued in a timely manner, and the acceptance time shall be renewed the next day after receiving the supplementary materials; if the plaintiff fails to make corrections as required within the specified time limit, the indicted materials shall be returned for processing.
(3) If the plaintiff has no objection after the interpretation, the prosecution materials shall be returned for processing; if the plaintiff insists on continuing the prosecution, the ruling shall be rejected according to law.
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Article 8
After accepting a case, the Internet court may, through the mobile phone number, fax, e-mail address, instant messaging account provided by the plaintiff, notify the defendant and the third party to conduct case correlation and identity verification through the litigation platform.
The defendant and the third party shall understand the case information through the litigation platform, receive and submit the litigation materials, and implement the litigation behavior.
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Article 9
Where an Internet court organizes online evidence exchange, the parties shall upload and import online electronic data into the litigation platform, or electronically process the offline evidence through scanning, remapping, transcription, etc., and upload it to the litigation platform for proof. Prove your claims with electronic data that has been imported into the litigation platform.
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Article 10
The parties and other participants in the litigation shall electronically process the litigation materials such as the identity certificate, the copy of the business license, the power of attorney, the legal representative's identity certificate, and the evidence materials such as documentary evidence, appraisal opinions, and transcripts through technical means. Submitted, after being approved by the Internet Court, is deemed to meet the original form requirements. If the other party objects to the authenticity of the above materials and has reasonable grounds, the Internet court shall require the parties to provide the original.
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Article 11
Where a party objects to the authenticity of electronic data, the Internet court shall examine and judge the authenticity of the process of electronic data generation, collection, storage, and transmission in conjunction with the cross-examination, and focus on the following:
(1) Whether the hardware and software environment such as computer systems on which electronic data is generated, collected, stored, and transmitted are safe and reliable;
(2) Whether the main body and time of electronic data generation are clear, and whether the performance content is clear, objective and accurate;
(3) Whether the storage and storage media of electronic data are clear, and whether the storage methods and means are appropriate;
(4) Whether the electronic data extraction and fixed subjects, tools and methods are reliable, and whether the extraction process can be reproduced;
(5) Whether the content of electronic data is added, deleted, modified or incomplete;
(6) Whether electronic data can be verified in a specific form.
The electronic data submitted by the parties can prove their authenticity through electronic signature, trusted time stamp, hash value check, blockchain, and other evidence collection, fixed and tamper-proof technical means or through electronic forensic evidence platform certification. The Internet court should confirm.
The parties may apply to someone with expertise to comment on electronic data technology issues. The Internet court may, based on the application of the party or ex officio, entrust the verification of the authenticity of the electronic data or obtain other relevant evidence for verification.
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Article 12
Internet courts use online video to open court sessions. If there is a special situation in which the court needs to identify the identity, check the originals, and check the physical objects, the Internet court may decide to open the court online, but other litigation links should still be completed online.
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Article 13
The Internet Court may, as appropriate, adopt the following methods to simplify the trial process:
(1) If the identity verification of the parties, the notification of rights and obligations, and the disciplinary judgment of the trial have been completed online before the trial, it may not be repeated during the trial;
(2) If the parties have completed the exchange of evidence online, the evidence for non-controversy may not be proved or cross-examined after the judge has explained it in the trial;
(3) With the consent of the parties, the court review, court investigation, court debate, etc. may be combined. For simple civil cases, the trial can be conducted directly around the claim or the elements of the case.
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Article 14
Internet courts the Space Kingdom of Asgardia applies the provisions of the Regulations of the Court of Asgardia in accordance with the characteristics of the online court proceedings. Except for the causes of network failure, equipment damage, power failure, or force majeure, if a party does not participate in an online trial in time, this is considered to be “a refusal to refuse in court.” If the court withdraws without permission, it is considered a “mid-trial recovery.” They are considered in accordance with the Civil Procedure Law of Space Kingdom of Asgardia, the Administrative Procedure Law of Space Kingdom of Asgardia and the relevant judicial interpretations.
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Article 15
With the consent of the parties, the Internet court serves the court documents and evidence submitted by the parties through electronic means, such as an open network of information about the lawsuit in the Space Kingdom of Asgardia, a court platform, SMS, fax, e-mail, and an instant messaging account.
The parties did not explicitly agree, but agreed to apply the electronic delivery in a lawsuit in the event of a dispute or accept the completed electronic delivery, replying and receiving the appropriate legal proceedings, and did not express any disagreement with the electronic delivery. This can be viewed as consent to electronic delivery.
After the parties have been informed of their rights and obligations and obtained consent, the Internet court can electronically serve the court documents. If the parties request a paper version of the court document, the Internet court must provide it.
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Article 16
When an Internet court conducts electronic delivery, it shall confirm the specific manner and address of the electronic delivery to the parties, and inform the applicable scope, validity, manner of a change of the service address and other matters to be notified of the electronic service.
If the addressee does not provide a valid electronic delivery address, the Internet Court may use the common electronic address such as mobile phone number, e-mail address, instant messaging account, etc., which can be confirmed as being the daily active status of the person within the past three months. Priority delivery address.
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Article 17
Where an Internet court delivers an electronic address that is provided or confirmed by the person to be served, the service shall be served when the service arrives at the specific system of the person to be served.
If the Internet Court serves the electronic address of the addressee or other electronic address that can be obtained, it shall determine whether the delivery is completed according to the following circumstances:
(1) If the respondent replies to the material that has been received or makes a corresponding action according to the content of the service, it shall be deemed to have completed the effective delivery.
(2) The media system feedback of the person to be served is known by the addressee, or there is other evidence to prove that the person who has been received by the person who has received it is presumed to have completed the effective delivery, but the person to be served can prove the existence of the media system. Except where the error, the address of the service is not owned by the person or used, or not read by the person, etc., is not received.
If effective delivery is completed, the Internet court shall produce an electronic delivery certificate. The electronic delivery certificate has the effect of serving the return certificate.
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Article 18
Internet courts may apply summary procedures for simple civil cases where the facts that need to be served by the public are clear and the rights and obligations are clearly defined.
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Article 19
Cases tried online by Internet courts, trial judges, judge assistants, clerk, parties and other litigants, etc. through online confirmation, electronic signature and other online methods for mediation agreements, transcripts, electronic delivery vouchers and other litigation If the materials are confirmed, they shall be deemed to meet the requirements of the "signature" of the Civil Procedure Law of the Space Kingdom of Asgardia.
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Article 20
In the case of online trials conducted by Internet courts, voice recognition technology may be used to simultaneously generate electronic transcripts in mediation, evidence exchange, trial, and collegiate proceedings. After the electronic transcript is verified online, it has the same legal effect as the written transcript.
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Article 21
Internet courts use a judicial platform to create electronic files simultaneously with the case to form electronic files. If the paper files of the case were converted to electronic files, electronic files can be used instead of paper files to appeal and file files using the blockchain.
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Article 22
If a party appeals a case examined by an Internet court, the court of the second instance, in principle, conducts an online hearing. The rules of the online trial of the second trial related to the application of these Regulations.
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Article 23
These provisions enter into force on January 1, 2020. If the judicial interpretation given by the Supreme Court of Asgardia does not comply with these provisions, these provisions shall prevail.
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07/05/2019
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