Problems Of Evidence In The Conditions Of Digitalization Of Economic Justice

Abstract

In this article, the authors study the influence of such a legal phenomenon as e-justice on the institution of judicial evidence, as well as investigate the attempts of modern procedural science to identify a special legislative niche for electronic evidence. Studying theoretical issues of evidence in digital form as part of the arbitration process, the authors analyze the emergence of new data carriers that carry facts significant for a lawful and informed ruling, and conclude that there is no need for a radical modernization of the classical doctrine of evidence in civil process, but there is an urgent need to re-evaluate the existing process of evidence from the perspective of information technology. The authors of the proposed article see the adaptation of doctrinal views on the place of electronic evidence in the general theory of evidence law as the most promising area of research. This issue is relevant for judicial practice, which, for reasons that are currently understandable, cannot do without technical and information difficulties in the extraction, identification and authentication of electronic evidence. In recent years, Russian economic justice has been confronted with "new evidence": screenshots of web pages, electronic correspondence of persons involved in the dispute. The authors analyzed the types of evidence proposed by the legislator used by participants in economic disputes considered by arbitration courts in the context of the digitalization of Russian society, studied the practice of enforcement of "new means of proof" in the framework of economic justice.