О СУЩНОСТИ ДОКАЗАТЕЛЬСТ В В КОНТЕКСТЕ ИСПОЛЬЗОВАНИЯ НОВЫХ ЦИФРОВЫХ ТЕХНОЛОГИЙ В ЦИВИЛИСТИЧЕСКОЙ ПРОЦЕССУАЛЬНОЙ ДЕЯТЕЛЬНОСТИ

Abstract

In this article, taking into account the historical aspect, an analysis of the immanent content of such a key category as “evidence” in civil procedure is given. A gradual change in theoretical and practical points of view on the essence of judicial evidence is revealed: from a simple indication that it should be understood as a fact that convinces the justice body of the rightness of the side of a legal incident (I. Vladislavlev and others); before argumentation – proof is a dialectical trinity of content, form and procedural method of obtaining and researching legally significant information (M.K. Treushnikov and others). In the aspect of the ongoing dynamic digital transformation of public relations, the question of what essentially constitutes electronic evidence, whether it should be allocated as an independent category, or whether it is covered by means of evidence already existing in the law, is being studied. Taking into account international and Russian experience, additional arguments are presented in favor of the fact that electronic evidence can be successfully used in the consideration and resolution of civil and administrative cases by courts, regardless of their autonomous consolidation in the current procedural legislation, along with written, material and other traditional means of proof. This is explained by the fact that by themselves electronic evidence fully meets the basic criteria that characterize any evidence in modern civil procedure.