Procedural Value of the Electronic Signature in the Evidentiary ActivityJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 4)
Publication Date: 2015-03-23
Authors : KALAMAIKO A. YU.;
Page : 107-113
Keywords : electronic signature; electronic document; electronic means of proof; evidence; proving.;
Problem setting. Article is devoted to the analysis of the procedural aspects of the use of electronic signatures in the evidentiary activity. Recently, the use of electronic means of proof in civil proceedings attracted increasing attention among lawyers around the world. The most common technical and legal way to ensure the reliability of information is the use of electronic signatures. However, because of the lack of legal support, the courts do not have sufficient information about the electronic signature and its procedural value. This adversely affects the proper use of electronic means of proof while ensuring the validity of judgments. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: O. T. Bonner, A. P. Vershinin, E. M. Muradian, O. O. Shelepina and others. Article’s main body. National legislation does not regulate the usage of electronic evidence in civil procedure. However, foreign legislation have examples that the presence of an electronic signature can change the status of an electronic document in the system of evidence. In addition, an electronic signature may affect the admissibility of electronic evidence, their reliability and have other procedural legal consequences that should be considered by the court when assessing the evidence in civil proceedings. Conclusions and prospects for the development. Today an electronic signature doesn’t affect the admissibility of electronic evidence or the place of the electronic document in the system of means of proof. However, the court must take into account its impact on reliability and the possibility of the presumption of authenticity of the statement that is signed by electronic signature. The other questions of evaluating electronic evidence are much wider and consider the following researches.
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