Legal Aspects of Using Electronic Documents as Evidence in Civil Proceedings
( Pp. 38-42)
More about authors
Sergey M. Sagitov
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Civil Procedure Law; Kazan Branch; Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation Evgenia V. Sagitova Lecturer of the Department of Civil Procedure Law; Kazan Branch; Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation Evgenia V. Sagitova Lecturer of the Department of Civil Procedure Law; Kazan Branch; Kazan, Russian Federation
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation
Abstract:
The purpose of the study is to determine the procedural and legal features of the use of electronic documents in civil cases. To do this, the author examined them in the structure of the right to present evidence. This goal predetermines the use of scientific knowledge methods: formal-logical, textual and comparative methods. The institutional methodological approach to the study of digitalization of the process of proof in civil proceedings is substantiated by the development of legislative material. The author took into account the actually established legal relations on the use of electronic documents as written evidence and as a fact that has legal significance in civil circulation. Conclusions: the author states the fragmentation in the legal regulation of relations on the use of electronic documents in civil proceedings. This reveals the problem of broad judicial discretion caused by abstract regulatory formulations. Therefore, it is necessary to create transparent legal conditions for the presentation of electronic documents in the structure of the procedural right to evidence. Most of the documents used by participants in civil proceedings are not subject to legal requirements for their compilation and execution. Filling this gap in civil procedural law occurs with the help of technical standards. They allow judges and participants in civil proceedings to verify electronic documents used in evidence.
How to Cite:
Sagitov S. M., Sagitova E. V. Legal Aspects of Using Electronic Documents as Evidence in Civil Proceedings // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 5. P. 38-42. (in Russ.) EDN: FMCUDJ
Reference list:
Aliyev T.T., Logvina K.D. Modern problems of the institute of evidence and proof under the influence of digitalization in arbitration proceedings of the Russian Federation. Russian Justice. 2021. No. 5. pp. 7–11.
Anokhina A.A., Donskaya E.N. Institutional theory of law and legal culture. Actual problems of our time: science and society. 2021. No. 1 (30). pp. 62–65.
Borisova V.F. Implementation of the constitutional right to judicial protection in the aspect of the use of electronic technologies. Court Administrator. 2019. No. 2. pp. 9–12.
Kolotkina O.A. On the influence of digitalization processes on the conceptual and categorical apparatus of the discipline of the theory of state and law. Legal education and science. 2022. No. 6. pp. 12–17.
Nakhova E.A. On the issue of systematization of the institute of proof and evidence in civil and administrative proceedings. Bulletin of Civil Procedure. 2021. Vol. 11. No. 1. pp. 135–152.
Prizhennikova A.N. Administration of justice in the context of informatization and digitalization. Education and Law. 2020. No. 9. pp. 217–226.
Purge A.R. Legal construction as a category of the cybernetic method of cognition of law. Law and Politics. 2023. No. 6. pp. 48–58.
Salin P. The relationship between the concepts of «institute of law» and «institute of legislation» in modern Russian legal doctrine. Legal Thought. 2007. No. 6 (44). pp. 108–115.
Ustyan E.A. Digitalization of evidence in civil proceedings. Legal regulation of economic activity. PRED. 2022. No. 3. pp. 72–78.
Chulyukin A.A. Implementation of elements of electronic justice in civil proceedings at the present stage. Problems of openness and accessibility of justice. Scientific horizons. 2019. No. 5-1 (21). pp. 346–354.
Shakhova A.M. Digitalization in civil proceedings: problems of proof. Legal science. 2020. No. 7. pp. 32–36.
Yakovleva A.P., Blinkov I.A. Some issues of introducing electronic resources into civil proceedings. Bulletin of the Russian Law Academy. 2020. No. 2. pp. 72–78.
Anokhina A.A., Donskaya E.N. Institutional theory of law and legal culture. Actual problems of our time: science and society. 2021. No. 1 (30). pp. 62–65.
Borisova V.F. Implementation of the constitutional right to judicial protection in the aspect of the use of electronic technologies. Court Administrator. 2019. No. 2. pp. 9–12.
Kolotkina O.A. On the influence of digitalization processes on the conceptual and categorical apparatus of the discipline of the theory of state and law. Legal education and science. 2022. No. 6. pp. 12–17.
Nakhova E.A. On the issue of systematization of the institute of proof and evidence in civil and administrative proceedings. Bulletin of Civil Procedure. 2021. Vol. 11. No. 1. pp. 135–152.
Prizhennikova A.N. Administration of justice in the context of informatization and digitalization. Education and Law. 2020. No. 9. pp. 217–226.
Purge A.R. Legal construction as a category of the cybernetic method of cognition of law. Law and Politics. 2023. No. 6. pp. 48–58.
Salin P. The relationship between the concepts of «institute of law» and «institute of legislation» in modern Russian legal doctrine. Legal Thought. 2007. No. 6 (44). pp. 108–115.
Ustyan E.A. Digitalization of evidence in civil proceedings. Legal regulation of economic activity. PRED. 2022. No. 3. pp. 72–78.
Chulyukin A.A. Implementation of elements of electronic justice in civil proceedings at the present stage. Problems of openness and accessibility of justice. Scientific horizons. 2019. No. 5-1 (21). pp. 346–354.
Shakhova A.M. Digitalization in civil proceedings: problems of proof. Legal science. 2020. No. 7. pp. 32–36.
Yakovleva A.P., Blinkov I.A. Some issues of introducing electronic resources into civil proceedings. Bulletin of the Russian Law Academy. 2020. No. 2. pp. 72–78.
Keywords:
evidence, civil procedure, civil procedural law, proof, electronic documents, digitalization..
Related Articles
CRIMINAL LAW (5.1.4.) Pages: 25-29 Issue №24238
Cyberterrorism as a Modern Threat to State Security
national security
cyber security
information protection
attacks
threat
Show more
4. CIVIL LAW, INTERNATIONAL PRIVATE LAW, HOUSING LAW, FAMILY LAW, CIVIL PROCEDURE, ARBITRATION PROCESS Pages: 175-178 Issue №10864
Genesis absentia (historical stages)
civil procedural law
in absentia proceedings
historical stages absentia
the plaintiff
the defendant
Show more
13. Judicial, prosecutorial, human rights and law enforcement activities Pages: 203-206 Issue №3758
On the intersectoral regulation of circumstances to be proved at the stage of sentence execution
the sentence
proof
cross-sectoral regulation
the circumstances to be proven
Show more
10. Financial law; Tax law; Budgetary law; Administrative law; Administrative process Pages: 192-194 Issue №5975
TO THE QUESTION ABOUT THE ADMINISTRATIVE ISSUE PRECLUSION
prejudice
the administrative process
proof
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 193-196 Issue №4088
PROBLEM LEGAL NATURE OF THE STAGE OF INITIATE CRIMINAL PROCEEDING
the stage of excitation of criminal case
the availability of criminal justice
proof
sources of evidence
Show more
CRIMINAL LAW (5.1.4.) Pages: 233-238 Issue №24238
Concept and Classification of Evidence Presented During Interrogation
evidence
interrogation
credibility
admissibility
relativity
Show more
8. Forensics; Forensic expertise; Operational and search activities Pages: 174-177 Issue №4285
To a question about the kinds of subjects and combating crimes investigation
the opposition
investigation
proof
trial
Show more
8. Criminal procedure Pages: 194-196 Issue №8046
To the question of overcoming prejudice in criminal proceedings of the Russian Federation
criminal proceedings
validity
the sentence
proof
prejudice
Show more
INTERNATIONAL LAW Pages: 273-279 Issue №24870
The Impact of Information Technology on the Process of Evidence in Criminal Proceedings
information technologies
criminal proceedings
evidence
proving
artificial intelligence technologies
Show more
7. Criminal procedure Pages: 201-207 Issue №3132
Forensic tactics in proving criminal cases Illicit Trafficking in Narcotic Drugs and Psychotropic Substances
proof
proof
criminal proceedings
illicit traffic in narcotic drugs and psychotropic substances
the judicial investigation
Show more