Electronic evidence as a means of proof in civil proceedings

Abstract

The emergence of the concept of electronic evidence in the civil procedural legislation of Ukraine pro- voked a discussion among lawyers, one of the issues of which was the submission of information in electronic form and determining its ability to be a legitimate means of proof in court. Therefore, the article first explores the concept and features of electronic evidence, in particular the possibility of recognizing a particular electronic information legal.
 In the theory of civil procedural law, the question of the legality of factual data sources is usually associated with the origin of the information itself. Since, the specific order of access to certain information directly depends on their content, which means the following. If electronic evidence is public information, including restricted access (confidential, secret or official), or public information containing personal data, the answers to the question of the legality of its receipt should be sought in the Law of Ukraine “On Access to Public Information”.
 However, personal data of a personal, private nature can also be electronic evidence. In this case, the procedure for access to them is determined by agreement between the subject and the owner of such data or special legislation. This means that a source is declared inadmissible if the rights, freedoms and interests of others are violated or if such a source turns out to be unknown or illegal.
 Due to the above facts, the article analyzed the provisions of the current civil procedural legislation of Ukraine governing the submission of electronic evidence to the court, in accordance with certain criteria, and pointed out their positive and negative features. Also, the importance of the presumption of proof, electronic signature and submission of electronic evidence in the original is taken into account.