FOREIGN EXPERIENCE IN THE REGULATION OF ELECTRONIC EVIDENCE IN LITIGATION FOR THE RESOLUTION OF ECONOMIC DISPUTES
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 6
Abstract
In the conditions of the rapid development of the information society, the problem of recognizing electronic evidence as a means of proof in the economic process of Ukraine becomes a matter of special urgency. The article deals with the main problems of legal regulation of the status of electronic evidence and electronic documents in the process of proving when considering disputes by economic courts of Ukraine and proposes ways to overcome them. The article analyzes and compares the legislation in the field of regulating the legal status of electronic documents in Ukraine and in countries such as the Republic of Belarus and the Republic of Moldova. On the basis of the review of the legislative arrays of the respective states, the peculiarities of the regulation of the institute of electronic evidence are singled out. During the study, the positive aspects that, in the case of borrowing, were found to contribute to the improvement of domestic legislation and to solve the practical problems of using electronic evidence in the economic process of Ukraine. The author also found insufficiency of his interpretation of judicial practice, and almost complete absence of scientific research of the Institute of electronic evidence. Some provisions of the Law of Ukraine "On electronic documents and electronic document circulation" and the Law of Ukraine "On electronic digital signature" are analyzed and the conclusion is made on the need for their additions and improvements. Attention is drawn to the need for changes in domestic legislation in the field of legal regulation of electronic documents and electronic digital signature, since at present, this institute is ineffective due to the large number of conflicts and gaps in legislation, which makes it almost impossible to use them in practice.
Authors and Affiliations
Olga Lytvynenko
Keywords
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- EP ID EP576738
- DOI 10.25313/2520-2308-2018-6-4112
- Views 94
- Downloads 0
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