Review

The article constitutes an initial attempt to examine a set of issues directly related to the effective use of modern information sources within the current stage of civil justice development. Its central theme is an argument that the realization of the right to a fair trial is impossible without establishment of the conditions for a comprehensive and complete clarification of the circumstances of the case.

Against this backdrop, the overall purpose of the article is to determine the basic principles of the use of electronic evidence in civil procedural law, with the special reference to the structural, specific and procedural features of the investigation and evaluation of evidence in civil proceedings.

During the presented scientific research, key basic categories of civil proceedings were analyzed profoundly, in particular, the concept of evidence. A comprehensive study of relevant scientific approaches allowed the authors to outline their own point of view regarding the researched concept. Specifically, the notion of evidence is suggested to be understood as the collection of information made in compliance with the procedural form of evidence on certain facts and / or circumstance, on the basis of which the court concludes that there are facts or circumstances that justify objections of persons involved in the case, and other circumstances relevant to the consideration and resolution of the case.

Special attention is paid to the variability of definitive approaches in the determination of the essence of electronic evidence. Thus, this article contextualizes the problem of identification the types of electronic evidence, as well as their taxonomy. It is emphasized that scientific attempts to implement the appropriate classification are devoid of logical and applied meaning, since it is impossible to meet a single criterion which could be used as a basis for delineation, and to identify all possible types of electronic evidence. Therefore, it is concluded that it is appropriate to formulate a broad definition (notion) of the concept via revealing their key features. Within this framework, the most common types of sources of digital evidence were identified.

Having analyzed both theoretical and practical aspects of using electronic evidence within a civil process, as a conclusion the authors offered their own approach to the definition of electronic evidence. Namely, it was defined as collected information on facts and circumstances in digital form, which is recorded using electronic material medium prescribed by law, or which is transmitted via the telecommunications channels, within which the court concludes that there are facts or circumstances that substantiate the claims and / or objections of the persons participating in the case and other circumstances relevant for the case resolution.

References

1. 1. Civil Evidence Act 1968 data zverennia 16.11.2018 (in English).
2. Grazhdanskij processual’nyj kodeks Rossijskoj Federacii [Civil Procedure Code of the Russian Federation]: Federal’nyj zakon ot 14.11.2002 g. N137-FZ. Baza dannyh «Konsorcium Kodeks. Jelektronnyj fond pravovoj i normativno-tehnicheskoj dokumentacii»< http://docs.cntd.ru/document/901832805> data zverennia 16.11.2018 (in Russian).
3. Vershinin AP, Jelektronnyj dokument: pravovaja forma i dokazatel’stvo v sude: uchebno-prakticheskoe posobie [Electronic document: legal form and evidence in court: educational and practical manual] (Gorodec 2000) (in Russian).
4. Reed Ch, ’The Admissibility and Authentication of Computer Evidence – A Confusion of Issues’ (1990–1991) 2 Computer Law and Security Report 13–16. data zvernennia16.11.2018 (in English).
5. Vehov V, ’Jelektronnye dokumenty kak dokazatel’stva po ugolovnym delam’ [Electronic documents as evidence in criminal cases] (2004) 22 Centr issledovanija komp’juternoj prestupnosti 122–127 data zverennia 08.03.2018 (in Russian).
6. Kukarnikova T Je, ’Jelektronnyĭ dokument v ugolovnom processe i kriminalistike’ [Electronic document in criminal proceedings and forensics] (Avtoref. dis kand jurid nauk 2003) 23 (in Russian).