ELECTRONIC EVIDENCE AS NOVELLA OF CIVIL PROCEDURE LAW OF UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 26)Publication Date: 2020-04-30
Authors : Kravtsov Serhii; Polishchuk Anna; Strelec Ivan;
Page : 78-84
Keywords : electronic evidence; electronic documents; originals; copies; details of the electronic document;
Abstract
The article analyzes the features of the use of electronic evidence in civil proceedings, namely, the authors investigated the problems of using electronic documents in the process of proof. As the development of information technologies is rapidly gaining momentum, the inevitability of their integration into all spheres of society becomes more and more obvious. Justice and legal proceedings are obliged to keep up to date, and therefore is no exception. In particular, approaches to the correct perception of an electronic document from the perspective of updated procedural codes and a reasonably position to ensure the correct and efficient use of electronic documents in the administration of justice are highlighted. . The article analyzed that, according to the classification of electronic evidence, scientists still cannot come to a single position. It was determined that in addition to the provisions of the Civil Code of Ukraine, the norms of special legislation on electronic documents contain their own requirements for the certification of paper copies of electronic documents. The authors devoted special attention to the study, based on an analysis of judicial practice, on the feasibility of accepting copies of electronic documents. Having studied judicial practice, it became clear that the violation of certain requirements may become the basis for refusing to accept some evidence. The authors concluded that the solution also requires the problem of using copies of electronic documents in the process of proving, both in electronic form and in paper form. The detailed development and appropriate efforts of scientists require the certification of paper copies of electronic documents and the fight against abuse in the field of falsification of electronic copies. These challenges are relevant not only in the field of legal proceedings, but also in the field of electronic document management in general.
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