ELECTRONIC PROOFS: THE REALITIES OF THE PRESENT

Abstract

There is a lot of electronic evidence. In recent years, extensive partnerships have been widely disseminated through the Internet, remote presentations, correspondence between contracting parties for the conclusion of contracts, transfer of acceptance-transfer acts, orders, various confirmations, invoices. In this regard, electronic correspondence is one of the varieties of ways to prove in economic justice. In practice, this kind of evidence is being applied more and more often. The electronic document has a mixed character. The difference from the written proof is that the author’s opinion is expressed in the written document. The written document is based on the subjective processing of the information received. Materials of the use of scientific and technical means (this does not apply to all electronic documents, and sound and video recordings) do not contain subjective information processing. Evidence of electronic evidence is evidenced by the fact that electronic documents are not in themselves accessible to human perception, but serve only as a means of establishing circumstances relevant to the case. At the same time, the information contained in the memory of an electronic computer is duplicated, that is, it has the property of written proof. Thus, electronic evidence has a significant specificity, which should be reflected in the material and procedural law, as there are specific requirements for the form of an electronic document that provide its probative function. In connection with the insufficient regulation of the Institute of electronic evidence in the economic process, there are many problematic issues when using them. The first problems arise already at the stage of attracting electronic documents to the case files. The law does not contain requirements regarding the form and format of providing any factual data in electronic form, the procedure for examining the forms of submission of electronic documents and the procedure for their inclusion in the materials of the court case. Often, electronic documents must be submitted to the court not on a technical basis, but on paper, that is, converted to a printed form, which allows the visual examination and discussion of the evidence presented. In practice, there is a situation where electronic evidence is not investigated by the court as direct evidence due to the technical unpreparedness of the court or the existence of a long-time paper document circulation in the courts. The court will assess as direct evidence or a copy of the electronic document on paper (when the electronic document carries text or graphic information), or the expert’s conclusion (if an electronic digital signature is contested on an electronic document and an expert examination is filed). Changes that have been made to the procedural codes for a long time require improvement of the paperwork in commercial courts. After all, in accordance with these instructions, documents received by electronic mail without an electronic digital signature or fax channels do not belong to official ones. It should be noted that the process of introducing innovative technologies can not be exclusively positive. Any reform has its consequences and disadvantages, creates contradictions and new issues, some of which may be formulated immediately, while others can only be identified through law enforcement practices. Therefore, at present, the issue of research and evaluation of electronic evidence remains open. Therefore, taking into account the level of development of information computerized systems, the Institute of electronic evidence is very relevant. During the trial, the court must comprehensively, fully and directly examine the evidence available in the case, including and electronic evidence. The article analyzes the current state of the application of the Institute of electronic evidence in the economic process, gives a description of the institute and establishes the problem of the use of electronic evidence.