PROBLEMS OF ELECTRONIC EVIDENCE IN THE COMMERCIAL PROCESS: ANALYSIS OF JUDICIAL PRACTICE

Abstract

This article is devoted to revealing the problem of using electronic evidence in the busi¬ness process. In our opinion, the topic is relevant because, as practice shows, electronic evi¬dence is not always examined by the court due to the technical unpreparedness of the court or the «usual» paperwork in the courts. Also, like any information technology innovation, it can¬not have only positive sides. Any reform has its consequences in shortcomings. Exercise of the right to a fair trial is impossible without creating the conditions for a comprehensive and complete clarification circumstances of the case and providing the parties and other persons involved in case, the ability to provide, provide and investigate the evidence required to establish the circumstances of the case, in the most convenient and effective way. Creating such conditions in modern realities is impossible without use electronic evidence in commercial litigation. Modern society cannot be imagined without computerized information systems. Data sys¬tems have the ability to store, transmit and transmit digital information. Of point of view to the level of development of modern society and the amount of electronic data it uses, the need for normative regulation of the use of these data as reliable has long been ripe evidence in court. It is worth noting that evidence has always been and remains the central legal institution litigation, so in the period of reforming the latter there is a growing need to study the evidence and evidence, including electronic evidence, in order to improve their legal regulation. The article identifies the problems of implementation of this type of evidence, its norma¬tive consolidation and place, among other types of evidence and the relevance of the institute of electronic evidence today.