Electronic Evidence in Theory and Law Enforcement Practice of Procedural Proceedings
( Pp. 124-129)

More about authors
Alieva Anzhela B. Cand. Sci. (Law), Associate Professor
Dagestan State University of National Economy (DGUNKh)
Makhachkala, Russian Federation
Abstract:
Purpose of the study. The article reveals the main provisions of electronic evidence as one of the elements of electronic justice, which is reflected in the theory and law enforcement practice of Russian judicial proceedings. This is primarily due to the widespread introduction of digital innovations, in particular to the various types and types of proceedings listed in the new edition of article 118 of the Russian. Constitution. The purpose of the study is to explore the main aspects and features of the legal nature of electronic evidence, characterized by certain properties and ways of providing. The latter are reflected in the procedural activities of both the notary and the court. However, not always the above-mentioned authorized sub-objects of law-enforcement activity are able to fully implement provision of such evidence, due to the lack of special knowledge in the field of information technology. Results. The author proposes to develop proposals at the normative level to make a number of amendments to the procedural codes in part of article 71 of the Civil Procedural Code and article 75 of the Arbitration procedural code of Russian Federation. This will make it possible, according to the author, to develop at a completely different level the process of improving the judicial activity of courts of general jurisdiction, arbitration courts when they make legitimate decisions by correctly determining the subject of electronic evidence by the criteria of its reliability and admissibility.
How to Cite:
Alieva A.B., (2021), ELECTRONIC EVIDENCE IN THEORY AND LAW ENFORCEMENT PRACTICE OF PROCEDURAL PROCEEDINGS. Economic Problems and Legal Practice, 6 => 124-129.
Reference list:
Federal Law of July 27, 2006 N 149-FZ «On Information, Information Technologies and Information Protection» // Rossiyskaya Gazeta. N 165.2006.29 July.
Federal Law «On Amendments to Certain Legislative Acts of the Russian Federation» dated July 29, 2018 N 265-ФЗ (last edition) // Reference and legal system «Consultant Plus».
The Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ // SZ RF. 2002. N 46. Art. 4532.
The Arbitration Procedure Code of the Russian Federation of July 24, 2002 N 95-FZ // SZ RF. 2002. N 30. Art. 3012.
Fundamentals of the legislation of the Russian Federation on notaries (approved by the RF Armed Forces on 11.02.1993 N 4462-1) (revised on 02.07.2021) (as amended and supplemented, entered into force on 25.08.2021) .11 February 1993 year N 4462-1. // Russian newspaper. N 49.1993.13 March.
Resolution of the Plenum of the Armed Forces of the Russian Federation of December 26, 2017 N 57 «On some issues of the application of legislation governing the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts» // Rossiyskaya Gazeta. N 297.2017.29 December.
Resolution of the 10th AAC dated April 25, 2016 N 10AP-17900/2014 in case N A41-50304 / 14.
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Ermakova. E. S. Electronic evidence as a new direction in the practice of crime investigation / E. S. Ermakova, D. M. Dzhumangalieva. // Young scientist. - 2018. - No. 23 (209). S. 85-87. - URL: https://moluch.ru/archive/209/51196/ (date of access: 03.11.2021).
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Keywords:
electronic evidence, methods of providing evidence, notary, court.


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