Legal Aspects of Using Electronic Documents as Evidence in Civil Proceedings

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access

Abstract

The purpose of the study is to determine the procedural and legal features of the use of electronic documents in civil cases. To do this, the author examined them in the structure of the right to present evidence. This goal predetermines the use of scientific knowledge methods: formal-logical, textual and comparative methods. The institutional methodological approach to the study of digitalization of the process of proof in civil proceedings is substantiated by the development of legislative material. The author took into account the actually established legal relations on the use of electronic documents as written evidence and as a fact that has legal significance in civil circulation. Conclusions: the author states the fragmentation in the legal regulation of relations on the use of electronic documents in civil proceedings. This reveals the problem of broad judicial discretion caused by abstract regulatory formulations. Therefore, it is necessary to create transparent legal conditions for the presentation of electronic documents in the structure of the procedural right to evidence. Most of the documents used by participants in civil proceedings are not subject to legal requirements for their compilation and execution. Filling this gap in civil procedural law occurs with the help of technical standards. They allow judges and participants in civil proceedings to verify electronic documents used in evidence.

Full Text

Restricted Access

About the authors

Sergey M. Sagitov

Russian State University of Justice, Kazan Branch

Author for correspondence.
Email: smsagitov@mail.ru
SPIN-code: 3094-7853
Scopus Author ID: 700051

Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Civil Procedure Law

 

Russian Federation, Kazan

Evgenia V. Sagitova

Russian State University of Justice, Kazan Branch

Email: sagitova-rgup@mail.ru
SPIN-code: 8018-7861
Scopus Author ID: 1088688

Lecturer of the Department of Civil Procedure Law

Russian Federation, Kazan

References

  1. Aliyev T.T., Logvina K.D. Modern problems of the institute of evidence and proof under the influence of digitalization in arbitration proceedings of the Russian Federation. Russian Justice. 2021. No. 5. pp. 7–11.
  2. Anokhina A.A., Donskaya E.N. Institutional theory of law and legal culture. Actual problems of our time: science and society. 2021. No. 1 (30). pp. 62–65.
  3. Borisova V.F. Implementation of the constitutional right to judicial protection in the aspect of the use of electronic technologies. Court Administrator. 2019. No. 2. pp. 9–12.
  4. Kolotkina O.A. On the influence of digitalization processes on the conceptual and categorical apparatus of the discipline of the theory of state and law. Legal education and science. 2022. No. 6. pp. 12–17.
  5. Nakhova E.A. On the issue of systematization of the institute of proof and evidence in civil and administrative proceedings. Bulletin of Civil Procedure. 2021. Vol. 11. No. 1. pp. 135–152.
  6. Prizhennikova A.N. Administration of justice in the context of informatization and digitalization. Education and Law. 2020. No. 9. pp. 217–226.
  7. Purge A.R. Legal construction as a category of the cybernetic method of cognition of law. Law and Politics. 2023. No. 6. pp. 48–58.
  8. Salin P. The relationship between the concepts of «institute of law» and «institute of legislation» in modern Russian legal doctrine. Legal Thought. 2007. No. 6 (44). pp. 108–115.
  9. Ustyan E.A. Digitalization of evidence in civil proceedings. Legal regulation of economic activity. PRED. 2022. No. 3. pp. 72–78.
  10. Chulyukin A.A. Implementation of elements of electronic justice in civil proceedings at the present stage. Problems of openness and accessibility of justice. Scientific horizons. 2019. No. 5-1 (21). pp. 346–354.
  11. Shakhova A.M. Digitalization in civil proceedings: problems of proof. Legal science. 2020. No. 7. pp. 32–36.
  12. Yakovleva A.P., Blinkov I.A. Some issues of introducing electronic resources into civil proceedings. Bulletin of the Russian Law Academy. 2020. No. 2. pp. 72–78.

Supplementary files

Supplementary Files
Action
1. JATS XML