Electronic Evidence in Theory and Law Enforcement Practice of Procedural Proceedings

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.

electronic evidence, Federal law №63 «About electronic signature», Federal law №149 «About information, information technologies and information protection», methods of providing evidence, notary, court