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Title of Article

ELECTRONIC DOCUMENT: FORM AND FORMAT


Issue
1
Date
2022

Article type
scientific article
UDC
342.914
Pages
49-57
Keywords
 


Authors
de Andrade F.P.
Universitet Mino

Silva M.
Universitet Mino


Abstract
The document contains an eternal representation of the fact. The age of technology confronts us with a new type of document: an electronic document. Legislators are faced with various options for regulating its existence and use: analog application, broad interpretation, general principles. Perhaps new rules are needed. Does a similar paper document, combined with doctrine and judicial practice, ensure the consistency and unity of the legal system? Most likely, different mechanisms of legal regulation are required for different realities. The electronic document assumes the dual state of the source and the means of proof. The concept, content and format are different and must be correctly defined by the legislator in order to avoid falling into legal contradictions. Long-term preservation of electronic documents is of great importance and is inextricably linked with the form and format. A document, whether electronic or not, may or may not be written. Article 46 of the European Regulation 910/2014 resolved the issue of the legal force of electronic documents. Qualified electronic signatures have the value of handwritten signatures. At the same time, what is the difference between a copy and an original electronic document. Understanding of new technologies, the information of which is not presented in graphic form, is one of the obstacles to be overcome by the law subjects.

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