Abstract
Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.
Highlights
The era of digitalization of the Russian society and state should begin to run from the date of enactment of the Executive Order of the RF Government of 28.07.2017 No 1632-R that approved the Program of “The Digital Economy of the Russian Federation”[1], which is part of the Strategy of the development of information society in the Russian Federation for 2017-2030, approved by Russian Federation Presidential Decree of 09.05.2017 No 203 [2]
The amendments made to the current civil procedure legislation of the Russian Federation in 2016, which came into legal force in 2017, enshrined the use of electronic document flow when applying to judicial bodies
It is necessary to agree with the conclusions of scholars who conducted research into features of electronic justice in Russian judicial system
Summary
The era of digitalization of the Russian society and state should begin to run from the date of enactment of the Executive Order of the RF Government of 28.07.2017 No 1632-R that approved the Program of “The Digital Economy of the Russian Federation”[1], which is part of the Strategy of the development of information society in the Russian Federation for 2017-2030, approved by Russian Federation Presidential Decree of 09.05.2017 No 203 [2]. The ensuing amendments affected all areas, including the judicial system. The legislator did not extend the electronic (digital) document flow to the institute of evidence in civil proceedings, confining itself to mentioning in Part 1 Article 71 of the Civil Procedural Code of the RF (hereinafter CPC RF) that written evidence is represented by documents and materials executed in the form of digital, graphical record, including received via facsimile, electronic or other
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