Electronic evidence as a means of evidence in commercial and administrative judicial procedure

Abstract

Introduction. The Institute of Electronic Evidence is an achievement of technological progress, which the legislator enshrined in procedural legislation in 2017. However, the Ukrainian judicial practice for more than four years has not developed an unambiguous approach to the use of electronic evidence in commercial and administrative proceedings. Purpose. In order to solve the problem, the article analyzes the preconditions for the emergence of the institute of electronic evidence, the content of this institute, the main ways of interpreting the provisions of Ukrainian and foreign legislation on electronic evidence. Results. The rules of the trial on the electronic form of evidence should be changed due to the growing amount of data in electronic form and its ability to change and destroy without outside interference, and so on. Systematic analysis of the above concept of electronic evidence allows us to identify the following features: existence in intangible form; the need to use certain technical means for reproduction; the ability to transfer or copy to different devices without losing performance; the original electronic proof can exist in many places at the same time. For the proper and effective functioning of electronic evidence in the system of commercial and administrative proceedings, it is necessary to maintain a balance. This balance is, on the one hand, in defining the concept of electronic evidence in procedural law and, on the other hand, in not limiting the forms in which such evidence can be used in court. Conclusion. Thus, the analysis of Ukrainian and foreign judicial practice makes us to conclude that the foreign practice of determining and using electronic evidence in court proceedings is partially similar to its application in Ukrainian courts. However, foreign law uses a broad interpretation of the evidence, which includes electronic evidence. In addition, the evaluation of electronic evidence in Ukraine's commercial and administrative proceedings needs to be regulated. It would be useful to borrow the experience of Germany and the United States.