USING ELECTRONIC EVIDENCES IN THE PROCESS OF PROOFING: SOME PROBLEMS AND WAYS TO SOLVE THEM
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 6
Abstract
The article deals with the problems of the use of electronic evidences in the process of proofing, the main provisions of procedural and substantive law regulating the legal status and the procedure of the use of electronic evidences are analyzed. The author substan- tiates the expedience of perceiving electronic evidences from two positions: as an independent specific type of electronic evidence and as the main electronic form of information existence in electronic legal proceedings, the information unit of the single Judicial information and Telecommunication system. The article, taking into account the results of the review of court practice, highlights the main problems in the use of electronic evi- dences in the process of proof, which the domestic legal community has already faced: the impossibility of submitting most electronic evi- dences in paper copies, the absence of a procedure for certifying paper copies of electronic evidences, the impossibility of filing the parties to the case and further investigation by the court of electronic evidences in the original, the absence of elaborated legislative acts of the criteria for the admissibility of electronic evidences, in the first place, a set of mandatory requisites that would be appropriate to divide the details of the form (electronic digital signature, mark of changes made, timestamp) and content of the electronic evidence (details required by law in accordance with a specific type information). Particular attention is paid to the recommendations for solving these problems. Ke
Authors and Affiliations
Yuliia Pavlova
Keywords
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