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Title of Article

ROBLEMS OF EVALUATION OF ELECTRONIC EVIDENCE IN THE PROCESS OF JUDICIAL PROOF IN CIVIL PROCEDURE


Issue
3
Date
2024

Article type
scientific article
UDC
4414
Pages
104-111
Keywords
 


Authors
Kareva T.Yu.
Dalnevostochnyy federalnyy universitet

Yurtaev S.N.
Dalnevostochnyy federalnyy universitet


Abstract
The article presents problematic issues in the evaluation of electronic evidence in the trial of civil cases related to its reliability and admissibility. The main types of electronic evidence used by the parties in the process of judicial proof in civil proceedings are presented. The main criteria for evaluating each type of electronic evidence for its reliability and admissibility are disclosed. On the basis of judicial practice the cases of different evaluation by courts of electronic correspondence as evidence are given, as well as what rules of evaluation should be applied in case it is impossible to identify the belonging of the electronic address to the opponent. Different opinions of legal scholars are given regarding the provision of electronic evidence by a notary by means of its notarial examination, thus giving these evidences the signs of admissibility and reliability. The significance of the fact of establishing that a certain site belongs to the disputed party and this party has placed the disputed text, necessary in the evaluation of information posted on Internet sites, is disclosed. The question of the complexity that arises in assessing the proof of ownership of a page in a social network is touched upon. It is shown what problems are caused by the uncertainty of the form of presentation of electronic evidence to the court. What measures should be taken at the legislative level to solve the problematic issues related to the use and evaluation of electronic evidence in civil law.

File (in Russian)