The genesis of electronic messages as evidence in civil proceedings

Abstract

The article is devoted to the question of the genesis of electronic messages as evidence in civil proceedings, in particular, the historical and legal analysis of the introduction of electronic correspondence in the territory of Ukraine and their legal evolution from a means of communication to an independent means of proof.
 The article analyzes the concept of "electronic communication", a component of which is electronic correspondence. The main approaches to the interpretation of the concept of "electronic message" in regulatory and legal acts and scientific and technical literature were studied, the analysis of the distinction between the generalized concept of "electronic message" and "text, multimedia and voice messages", which is enshrined in the Civil Procedure Code of Ukraine, was carried out. The main features of an electronic message are highlighted: it contains information (certain information and/or data), has an electronic (digital) form, is transmitted using technical means of communication.
 The stages of the scientific and technical evolution of the Internet and mobile communications as the main channels of electronic communication are studied, and the statistics of their distribution in the world and Ukraine are given. The historical prerequisites for the emergence and development of the main environments for the functioning of electronic messages are characterized: sms-messages, e-mail, social networks and messengers.
 The evolution of scientific and legal positions regarding the use of electronic correspondence as an evidential basis in civil proceedings from the moment of its emergence as a method of communication to its legal consolidation as a means of proof was studied, in particular, the stages of adaptation of the legal framework and judicial practice in Ukraine were characterized.
 The current state and problems of using electronic messages as evidence in civil proceedings are characterized. The problematic aspect of using an electronic signature for recording electronic messages and the corresponding distinction between "electronic message" and "electronic document" were studied. The modern trends of changing the judicial paradigm to the principle of self-identification of the author, the presumption of integrity (authenticity) of the evidence, the use of the "letter in response" doctrine and the increase in the legal and evidentiary value of metadata, which will improve the dynamics of using electronic messages as evidence in civil proceedings, have been recorded.