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Journal articles on the topic 'Electronic evidence in civil proceedings'
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1
Vladimirovich, Bilalov Alexey, Golubtsov Valery Gennadievich, Makolkin Nikita Nikolayevich, and Khasanshin Ramil Ilgizovich. "Electronic evidence in civil proceedings." Laplage em Revista 6, Extra-A (December 14, 2020): 23–27. http://dx.doi.org/10.24115/s2446-622020206extra-a551p.23-27.
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This article examines the issues of electronic evidence - their legal nature, the procedure for a party disclosing and evaluation by the court. The author analyzes the works of both Russian and foreign experts on civil procedure, as well as on the issues of electronic technology. Furthermore, the authors have examined the previous related studies of Russian and foreign scholars, legislation of Great Britain, Germany, France and European experience represented by EU directives. In this study, it is attempted to consider not only the issues of exclusively legal analysis, but also the philosophy of proof. This term is actively used in foreign legal science, and there is a much broader legal methodology, that is, a general scientific methodology and an interdisciplinary approach are used actively.
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Green, Elena Anatolievna. "Electronic evidence in civil proceedings." Аграрное и земельное право, no. 12 (2021): 229–31. http://dx.doi.org/10.47643/1815-1329_2021_12_229.
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Emaltynov, Andrey R. "Some Problems of the Evaluation of Electronic Evidence in the Electronic Justice System." Arbitrazh-civil procedure 5 (May 20, 2021): 31–35. http://dx.doi.org/10.18572/1812-383x-2021-5-31-35.
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The article covers some aspects of evaluation of e-еvidences in arbitration and civil proceedings. These problems are particularly actual during application of restrictive measures against Covid-19. New technologies have caused transformation organizational and substantive aspects of evidences institution in legal proceedings. Author points specialtys evaluation of relevance, admissibility, reliability of e-еvidences, significance e-document and electronic image form, correlation between e-еvidences and others forms of evidence in arbitration and civil proceedings.
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Tatulych, Iryna. "Electronic evidence as a means of evidence in civil proceedings." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 215–19. http://dx.doi.org/10.36695/2219-5521.1.2020.43.
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The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice.
Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System.
In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.
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ZAYTSEVA, L. V., and N. V. SUKHOVA. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS: PROCEDURAL PROOF ISSUES." Herald of Civil Procedure 9, no. 1 (March 18, 2019): 189–204. http://dx.doi.org/10.24031/2226-0781-2019-9-1-189-204.
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Kozhevnikova, A. V. "ELECTRONIC EVIDENCE IN THE CIVIL PROCEEDINGS OF UKRAINE." Comparative-analytical law, no. 6 (2019): 128–31. http://dx.doi.org/10.32782/2524-0390/2019.6.30.
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GROYSBERG, А. I. "ELECTRONIC EVIDENCE IN THE SYSTEM OF CIVIL LAW PROCEEDINGS." Herald of Civil Procedure 9, no. 2 (May 1, 2019): 55–75. http://dx.doi.org/10.24031/2226-0781-2019-9-2-55-75.
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Kalashnyk, Olena, and Daryna Sagan. "Use of electronic evidence by refugees in civil procedure." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 133–39. http://dx.doi.org/10.33098/2078-6670.2021.12.24.133-139.
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Purpose. The purpose of the article is to analyze the current legislation that regulates the submission of refugees to court and the study of electronic evidence by courts in civil proceedings, outline the existing problems of using electronic evidence in court proceedings and analysis of court practice of electronic evidence. Methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, logical-normative. Results. The study found that the use of electronic evidence, on the one hand, has simplified the proof procedure for refugees, but on the other hand, problems remain. Scientific novelty. In the course of the research it was established that for the full use of electronic evidence in Ukraine it is expedient to refine the information and telecommunication systems of courts, to provide courts with appropriate material and technical base, which would allow unhindered research of electronic evidence. Practical significance. The significance of the study is determined by the fact that the scientific results provide a basis for improving the legislation on the use of electronic evidence by refugees in Ukraine.
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Zhetibaev, Zh K. "Features of electronic evidences in civil proceedings." Law and State, no. 3-4 (2020): 118–37. http://dx.doi.org/10.51634/2307-5201_2020_34_118.
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Dyachenko, S. V., and S. V. Dyachenko. "ELECTRONIC MEANS OF PROOF IN CIVIL PROCESS." Constitutional State, no. 42 (July 7, 2021): 145–53. http://dx.doi.org/10.18524/2411-2054.2021.42.232417.
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The purpose of the article is to explore the issues of electronic means of proof in the civil process of Ukraine and foreign countries, the problems of application, as well as to identify possible ways to improve them. Relevance of research is due to that the issue of electronic evidence is gaining new importance at the present stage during the rapid development and improvement of electronic means of communication and media which causes the emergence of new theoretical and practical problems in their application. In this regard, a comparative analysis of the legislative consolidation and practice of application of this topic in civil proceedings of foreign countries and Ukraine will provide an opportunity to identify further ways to modernize electronic evidence in general. Also, the problematic issues concerning their application during the trial have not been fully resolved and the peculiarities of other countries have not been singled out. Therefore, effective use of the achievements of scientific and technological progress has become an important issue in the judiciary due to the continuous computerization and informatization. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and proposals. The following general scientific methods of cognition were used during the research: dialectical, terminological, logical-semantic, system-structural, logical-normative, comparative. The issues of legislative regulation of electronic evidence in Ukraine and other countries, their key differences, as well as the author’s ways to improve electronic evidence by borrowing best practices from other countries, including the United States. Problematic aspects of legislative consolidation of electronic evidence have been identified, the possibility of introducing forensic methods into the civil process to establish the authenticity of the provided electronic evidence and application of the blockchain system in order to prevent their destruction has been assessed. The current legal positions from judicial practice were given and analyzed on the issues under consideration. The results of the study can be used in lawmaking and law enforcement activities for the use of electronic evidence in civil proceedings.
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Balashova, Irina N., and Aleksey N. Balashov. "On the Prospects of the Use of Electronic Evidence in Civil Proceedings." Court Administrator 1 (February 25, 2021): 16–19. http://dx.doi.org/10.18572/2072-3636-2021-1-16-19.
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The article analyzes topical issues of the development of the institution of electronic evidence in civil proceedings. The authors pay special attention to the role of the notary in providing electronic evidence. The issues of fixing information posted on the Internet, which are not only of scientific interest, but also difficult to change if necessary, are discussed.
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Du, Jin, Liping Ding, and Guangxuan Chen. "Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings." International Journal of Digital Crime and Forensics 12, no. 3 (July 2020): 111–21. http://dx.doi.org/10.4018/ijdcf.2020070108.
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As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.
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Nikitashina, N. A., and K. V. Maryasov. "Electronic Evidence in the Civilistic Process." Siberian Law Herald 1 (2021): 74–79. http://dx.doi.org/10.26516/2071-8136.2021.1.74.
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The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).
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Чванкін, Сергій Анатолійович. "Audio and video recordings as a type of electronic evidence in civil proceedings." Theory and practice of jurisprudence 2, no. 18 (December 14, 2020): 5. http://dx.doi.org/10.21564/2225-6555.2020.18.218694.
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Khusniyah, Nurul Khotimatul, and Widayati Widayati. "Implementation of Signature Validity On Electronic Documents in Proof Indonesian Civil Procedure Law." Law Development Journal 3, no. 4 (December 31, 2021): 767. http://dx.doi.org/10.30659/ldj.3.4.767-773.
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This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an underhand deed not as an authentic deed. In the process of settling a lawsuit for civil proceedings through litigation media, it is carried out amicably first by means of a peace made by the party concerned without the assistance of an authorized official. Efforts to settle through non-litigation media can be carried out in three ways, including arbitration, negotiation, and mediation.
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Shubina, Ekaterina A. "Peculiarities of Presentation and Study of Some Electronic Evidence Types in Civil and Arbitration Proceedings." Arbitrazh-civil procedure 4 (April 22, 2020): 28–32. http://dx.doi.org/10.18572/1812-383x-2020-4-28-32.
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许, 海标. "Application of Electronic Evidence in Civil Proceedings—From the Perspective of Ningbo Mobile Micro Court." Open Journal of Legal Science 08, no. 02 (2020): 215–20. http://dx.doi.org/10.12677/ojls.2020.82031.
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NAKHOVA, E. A. "ON SYSTEMATIZATION OF THE INSTITUTE OF EVIDENCE IN CIVIL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 135–52. http://dx.doi.org/10.24031/2226-0781-2021-11-1-135-152.
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In the article, the author also comes to the conclusion that it is necessary to systematize the rules of proof and evidence currently enshrined in the procedural codes. In the chapter of the procedural codes regulating the institution of proof and evidence, it is proposed to fix paragraphs devoted to general provisions on evidence, evidentiary activities of persons involved in the case, and means of evidence. In the general provisions, fix the basic categories: evidence, the subject of proof and the mechanism for determining it, general and specific rules for the distribution of responsibilities for proof, circumstances that are not subject to proof, etc. The evidentiary activities of the persons involved in the case should be structured according to the stages of the process (first instance, appeal), and then according to the stages of proof. The legal rules of evidence should be defined through general regulatory issues, the procedure for collecting, presenting (disclosing), research and evaluation. As independent means of proof, it is proposed to consolidate electronic evidence and establish a non-exhaustive list of means of proof. The author comes to the conclusion that the above proposals would help to optimize law enforcement in the first place, regardless of where they would be implemented by the legislator either in the existing procedural codes, or in the existing Concept and subsequently in the unified Civil Procedure Code of the Russian Federation.
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Stankevich, G. V., I. M. Vilgonenko, Y. N. Slepenok, and O. M. Litvishko. "Electronic document flow as evidence in civil proceeding: evaluation features and application problems." SHS Web of Conferences 109 (2021): 01039. http://dx.doi.org/10.1051/shsconf/202110901039.
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Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.
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Khasanah, Dian Dewi. "Analisis Yuridis Kekuatan Hukum Sertipikat Tanah Elektronik Dalam Pembuktian Hukum Acara Perdata." Widya Bhumi 1, no. 1 (June 1, 2021): 13–24. http://dx.doi.org/10.31292/wb.v1i1.5.
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The role of electronic evidence, namely electronic certificates as part of electronic documents in civil cases, is still questionable. The presence of the Electronic Information and Transactions Law, which is the legal umbrella for the validity of electronic certificates, apparently still raises pros and cons, even in the eyes of law enforcers, therefore more specific regulations are needed so that the validity and strength of proof of electronic certificates are no longer questioned in court proceedings, especially civil cases. Electronic certificate or also known as electronic land certificate as one of the products from The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency which is currently being discussed will implement a media transfer process from analog to digital form. For this reason, it is necessary to prepare further regarding regulations to regulate how the later position and strength of evidence from electronic land certificates in Civil Procedure Law as an extension of evidence in civil cases. The method used in writing this scientific paper is legal research with the socio-legal method, namely by normatively examining the regulations regarding the Information dan Electronic Transaction of law in which have been used in civil proceedings in court and by looking at the existing norms and responses that are developing in the community. In the provisions of Article 6 of the Electronic Information and Transactions Law, an electronic document is considered valid if it is accessible, displayable, assured as to its integrity, and accountable. However, because it does not have perfect evidentiary power, it is necessary to accelerate the discussion of the Draft Civil Procedure Law, so that electronic land certificates as part of electronic documents have perfect evidentiary power in court, especially in civil cases.Keywords: Electronic Land Certificate, Evidence, Civil Procedure Law Intisari: Peran alat bukti elektronik yaitu sertipikat elektronik sebagai bagian dari dokumen elektronik dalam perkara perdata sampai saat ini masih dipertanyakan keabsahannya. Kehadiran UU ITE yang menjadi payung hukum dari keabsahan sertipikat elektronik rupanya masih menimbulkan pro dan kontra, bahkan di mata penegak hukum, oleh karenanya dibutuhkan regulasi yang lebih spesifik agar keabsahan dan kekuatan pembuktian dari sertipikat elektronik tidak lagi dipertanyakan dalam beracara di pengadilan khususnya perkara perdata. Sertipikat elektronik atau dapat juga disebut sertipikat tanah elektronik sebagai salah satu produk dari Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional (ATR/BPN) yang saat ini sedang diwacanakan akan diberlakukan atau akan dilaksanakan proses alih media dari bentuk analog ke bentuk digital. Untuk itu perlu dipersiapkan lebih lanjut mengenai regulasi untuk mengatur bagaimana nantinya kedudukan dan kekuatan pembuktian dari sertipikat tanah elektronik dalam Hukum Acara Perdata sebagai perluasan alat bukti pada perkara perdata. Metode yang digunakan dalam penulisan karya ilmiah ini adalah penelitian hukum dengan metode sosio legal, yaitu dengan mengkaji secara yuridis normatif berbagai ketentuan perundang-undangan dan pengaturan mengenai dokumen elektronik yang selama ini dapat digunakan dalam beracara secara perdata di pengadilan serta dengan melihat norma dan respon yang ada dan berkembang di tengah masyarakat. Dalam ketentuan Pasal 6 UU ITE, suatu dokumen elektronik dianggap sah apabila dapat diakses, ditampilkan, dijamin keutuhannya, dan dapat dipertanggungjawabkan. Namun karena belum memiliki kekuatan pembuktian yang sempurna, maka perlu segera dipercepat pembahasan mengenai Rancangan Undang-Undang Hukum Acara Perdata, agar sertipikat tanah elektronik sebagai bagian dari dokumen elektronik memiliki kekuatan pembuktian yang sempurna di muka pengadilan khususnya perkara perdata.Kata Kunci: Sertipikat Tanah Elektronik, Pembuktian, Hukum Acara Perdata
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Dzhordzhanova, A. "Special features of the outpatient forensic psychiatric examination in civil proceedings according to the Varna district court docket for the period 2007-2012." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 23–26. http://dx.doi.org/10.33531/farplss.2018.4.04.
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Summary: In recent years, in connection with reconsideration of the place of forensic psychiatry among other expert sciences, the apparent deficit of research in the field of forensic psychiatric examination methodology has been noted. The outpatient forensic psychiatric examination as well as other court expertises are procedural tools for collecting and verifying evidence in criminal and civil proceedings. The aim of the article is to examine the peculiarities of an outpatient expertise and the difficulties in preparing the post-mortem forensic psychiatric examinations in civil proceedings. Material: 327 individuals, certified by experts with subsequent judgments delivered by Varna District Court for the period 2007-2012, were examined. Methods: a specially designed card for collecting data from the certified individuals surveyed by: forensic psychiatric examinations, parts of disease histories, psychological research, and court decisions. Results: a post-mortem expert opinion is particularly complex due to the absence of the object of study and the conclusion is based on evidence from the case file. In a number of cases, a common difficulty in preparing post-mortem forensic psychiatric examination is the absence of medical documentation. The objectification of the status of the individual under examination during the act or during the conclusion of a civil act in such circumstances is significantly complicated and it is impossible to characterize the individual and the mental health. This raises the question of creating a national electronic database that provides timely and reliable access in case of preparation documents of expert significance, as well as a single institute for forensic expertise.
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Klich, Aleksandra. "Admissibility of the Use of Electronic Means of Evidence Obtained Unlawfully in a Civil Proceeding." Teisė 113 (December 20, 2019): 205–13. http://dx.doi.org/10.15388/teise.2019.113.12.
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The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law. The author in her paper will focus on such forms of evidence, which are more and more often the subject of evidentiary procedures, noting that this mainly concerns the content of private conversations conducted with the use of messengers and community portals, call recordings, and telephone billings, data obtained from mobile phones, or so-called print screens, which are often obtained in an illegal manner, interfering with the sphere of privacy of the other person.
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Sapeiko, L. V. "Some Aspects of the Evidentiary Process during the Arbitration of Civil Cases." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 37–48. http://dx.doi.org/10.32631/v.2020.4.03.
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The institution of proving and evidence in civil cases considered by arbitration courts has been studied. According to the author, the most significant problem that hinders the full functioning of arbitration courts and the transfer of disputes for their resolution is the presence of certain legislative gaps, as well as insufficient regulation of arbitration, in particular in the field of evidentiary activity. The purpose of the article is to determine the system of evidence in civil cases considered within the arbitration procedure, as well as the competence of arbitration courts in the field of evidentiary activity. The comparative and legal analysis of normative provisions of the Law of Ukraine “On Arbitration Courts” and the civil procedural legislation of Ukraine related to evidence and their research has been carried out. The author has for the first time studied the main problems of proving and evidence in civil cases, submitted for consideration and solution to the arbitration court by the agreement between the parties to the dispute, and has provided propositions to improve the Law of Ukraine “On Arbitration Courts” to overcome these problems. The author has substantiated the conclusion on the need to introduce a separate norm in the Law of Ukraine “On Arbitration Courts”, which should clearly define the means of proving, which are the basis for establishing the circumstances of the case during the arbitration proceedings. These should include written, physical and electronic evidence, expert opinions and explanations of parties, third parties and their representatives. It has been emphasized that the testimony of witnesses, considering the specifics of obtaining and ensuring the reliability of such a source of evidence, which may be implemented only by the state court, can not be attributed to means of evidence in arbitration. If the parties plan to use the testimony of a witness as evidence, they can refer their dispute to the state court. The results obtained during the study can be used in the process of reforming the current legislation of Ukraine regulating the activities of arbitration courts.
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Valeev, D. Kh, and N. N. Makolkin. "Symposium of the journal "Herald of Civil Procedure": History, Current State and Development Prospects." Lex Russica, no. 8 (August 29, 2019): 179–88. http://dx.doi.org/10.17803/1729-5920.2019.153.8.179-188.
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The journal «Herald of Civil Procedure» annually gathers outstanding scholars and practitioners in the field of civil procedure in Kazan. Within the 5 years, the Symposium of the journal has become a real tradition, gained annual participants, friends and listeners, as well as created a platform for large-scale discussion at the highest level. The first and each subsequent symposia are very similar to each other, but every year there is something new, a kind of highlight, giving the event a uniqueness and impetus to move forward, develop, and improve the level.The first Symposium was held in the Spring of 2014, its theme was designated as «The Evolution of the civil process: issues of comparative law and national law». The second Symposium, held in 2015, was devoted to the reform of the civil process and its current state. The 2016 Symposium, the third in a row, was named «Kazan arbitration day: development of the rule of law and regional problems». The fourth Symposium of the journal «Herald of Civil Procedure» was named the «Electronic justice and information technologies in civil proceedings» and was held on September 29, 2017.In 2018 the V Annual Symposium of the journal was devoted not only to civil procedure, but also to some aspects of substantive law, as it was devoted to the issues of evidentiary law, which made it possible to invite academics and legal practitioners, as well as experts in the field of evidence and establishment of evidence to participate in the event. A striking contribution to the Symposium was the participation of academics-representatives of various law schools of Russia, practicing lawyers, representatives of the judicial community, as well as academics of Kazan University.
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Maslennikova, L. N. "First Results of the Scientific Project No. 18-29-16018 “The Concept of Forming up Criminal Proceedings Providing Access to Justice in the Conditions of Digital Technologies Development”." Lex Russica 1, no. 1 (February 7, 2020): 70–87. http://dx.doi.org/10.17803/1729-5920.2020.158.1.070-087.
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The paper substantiates the necessity and possibility of developing the concept of forming up criminal proceedings that provide access to justice in the conditions of digital technologies development. When developing the concept, the following methods were used: general scientific, interdisciplinary, that is, common to criminal procedure science and information science (for example, mathematical method, and modeling) and specific methods for each of these sciences. The interdisciplinary nature of the study required the use of synergetic, phenomenological, sociological, activity, and normative-value approaches. The main directions of the concept are substantiated as follows: in part of digitalization of criminal proceedings — design and implementation of a state automated system "Access to justice", which has no analogues in the Russian Federation; the creation of a common digital platform for electronic interaction for leaders at all levels of law enforcement and other state bodies, judges, prosecutors, investigators, interrogating officers among themselves and with citizens while ensuring the all members are digitally equal; in terms of paradigm shift of the initial phase of criminal proceedings — a new approach to pre-trial proceedings as a public service to ensure citizens access to justice; provision to participants, having no authority, with the right to address in court with petitions for the deposition of evidence, the adoption of measures to secure a civil claim, etc.; the transformation of the preliminary judicial control into an organizationally independent judicial body that ensures access to justice through considering appeals at the initial stage of criminal proceedings, including remotely. It is shown how the results obtained can be used in further scientific research, legislative and law enforcement activities.
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Rossinskaya, Elena R., and Anastasiya I. Semikalenova. "The Fundamental doctrine of the criminalistics study of computer tools and systems as part of the theory of information and computer support for criminalistics activities." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 745–59. http://dx.doi.org/10.21638/spbu14.2020.315.
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The development of digitalization constantly generates new forms of crime, changes in the mechanisms of how they are committed, and concealment. The problem of combating such crimes is transnational in nature. This article considers the difficulties of creating the criminalistics study of computer tools and systems doctrine as part of the theory of information and computer support of criminalistics activities. The authors’ negative stance on the issue is indicated as well as the addition of definitions to the name of criminalistics that are related to the emergence of new objects of expertise: “electronic criminalistics”, “linguistic criminalistics”, “digital criminalistics”, and others. The unity of criminalistics as a science having its own subject, system, tasks, and objects is declared. The article substantiates the subject of the theory of criminalistics research of computer tools and systems as a system for gathering significant computer information on the basis of the knowledge of which technical and criminalistics methods, tools, techniques, and methods for identifying, fixing, and seizing evidence and orienting criminalistics information about computer tools are developed. In addition, the theory is based on systems in legal proceedings in criminal, civil, and administrative cases. The objects of this theory are computer tools and systems as well as the search and criminalistics evidence of information contained in them. Based on the doctrine of the criminalistics investigation of computer tools and systems, the foundations of a new area of criminalistics techniques and technology, as a system of scientific principles, are provided. This area centers around recommendations, tools, techniques, and methods designed to collect and study information about computer tools and systems. Digital footprints and the processes of their occurrence, transmission, and transformation in order to obtain evidence in legal proceedings, disclosure, and prevention of crimes, are included.
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von Segesser, Georg. "The IBA Rules on the Taking of Evidence in International Arbitration." ASA Bulletin 28, Issue 4 (December 1, 2010): 735–52. http://dx.doi.org/10.54648/asab2010075.
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The revised IBA Rules on the Taking of Evidence in International Arbitration continue to provide a balance between common law and civil law practice as the predecessor, the 1999 IBA Rules. Aspects of arbitration practice as developed in the last ten years have been integrated into the revised version. Among the most relevant changes are: – The new paragraph 3 of the Preamble states that the taking of evidence shall be conducted on the principles that each party shall act in good faith. – The new Article 2 requires the tribunal to consult with the parties at the earliest possible time in the proceedings in order to determine the process to be followed for the taking of evidence. – For the production and submission of documents the “procedural economy”, “proportionality”, and “loss or destruction” are new factors to be taken into consideration. Which role they will play in the arbitration practice remains to be seen. – For e-discovery the same requirements as for the production of other documents apply (Article 3.3 and Article 9.2), however, Article 3.3(a)(ii) provides the parties with an option to identify a narrow and specific requested category of documents maintained in electronic form through an identification by file name, specified search terms, individuals, or other means of searching for such documents. – With regard to witness statements it is explicitly stated that it is not improper for the parties to discuss the prospective testimony. In Article 7.2 the revised provisions emphasize the duty of party-appointed experts to evaluate the issue in an independent and neutral fashion. – The revised Article 9.3 provides guidance on the applicable privileges, although the standard to be applied is left to the discretion of the arbitral tribunal.
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Smirnov, Alexander Vital'evich. "On Independence, Impartiality and Justification of Judicial Power." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 25–31. http://dx.doi.org/10.17816/rjls18461.
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The article considers the principle of independence of the judiciary as one of the guarantees of its objectivity and impartiality, and at the same time as the primary task of the judicial policy. A dangerous decline in the level of public confidence in the judiciary is signaled. The theoretical basis for the proposed solutions in the article is the doctrine of the adversarial proceedings and the idea of the judiciary as a mediating link between the state and civil society. The method of achieving this goal is: the formation of an effective content of the judiciary; ensuring due process of law; establishing effective civilian control over the judiciary. It is argued that the role of the trigger for this can be accomplished by four primary measures: the establishment of bodies whose collective name is “magistracy councils” for the formation of an independent judiciary, bringing together representatives of civil society and the state; a significant increase in the jurisdiction of the jury court so that every criminal case (perhaps, with the exception of cases of crimes of a small public danger) can be considered at will of the accused with their participation; democratization of the institute of justices of the peace, which are considered “miniature jury”; the introduction in the criminal process of the institute of investigative judges, whose main task, subsidiary to the activities of the parties, is the legalization (almost exclusively at the request of the parties) of judicial evidence and the decision on the possibility of committal the case to court. It is proposed to increase the motivation of citizens to participate in the consideration of criminal cases as jurors, namely, by establishing additional lists of candidates for jurors, formed through voluntary initiative inclusion of candidates in it (self-recording) through the use of electronic resources. Compared to other publications devoted to the issue of judicial independence, this article proposes a new approach to its solution, based not on strengthening bureaucratic control over the activities of judges, but on maximizing the democratization of judicial activities, in a certain sense “denationalizing” in favor of civil society.
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Butryn-Boka, Nataliia, and Viktoriia Botvynnyk. "Evidence in civil proceedings." Aktual’ni problemi pravoznavstva 1, no. 2 (June 24, 2020): 85–88. http://dx.doi.org/10.35774/app2020.02.085.
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Shtefan, A. "MATERIAL EVIDENCE IN THE CIVIL PROCEEDINGS." Private Law and Business, no. 18 (2018): 112–15. http://dx.doi.org/10.32849/2409-9201.2018.18.25.
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BORISOVA, E. A. "EVIDENCE IN APPEALS IN CIVIL PROCEEDINGS." Herald of Civil Procedure 9, no. 1 (March 18, 2019): 140–56. http://dx.doi.org/10.24031/2226-0781-2019-9-1-140-156.
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Morchadze, Zurab. "Perpetuating Evidence in Civil Law Proceedings." European Scientific Journal, ESJ 18, no. 5 (February 21, 2022): 109. http://dx.doi.org/10.19044/esj.2022.v18n5p109.
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The civil law process is based on the principles of adversarial proceedings and disposition, and having complete information on these principles is crucial for the parties to the process. For example, even in an apparently "profitable" case, a party who did not take care of applying the perpetuating measures may not win anything, because at the time of enforcement of the ruling it may appear that the defendant has long since alienated her/his property, or if the party has not taken care of the request for evidence and the perpetuation of evidence in a timely manner, serious difficulties may arise in the consideration of the case and as a result, lose the case. Evidence is facts obtained from sources provided by law on the basis of which the parties defend their interests. The burden of proof at trial is shared equally between the parties. The parties try to prove their veracity in order to get the appropriate result. Therefore, the main purpose of the article is to focus on the importance of the perpetuation of evidence. The first chapter deals with the essence perpetuating evidence, the second chapter deals with the judge's ruling according to which s/he can load the evidence with obligation even before the lawsuit is filed, the third chapter is devoted to the evaluation of evidence by the court and the judge's inner conviction. The fourth chapter deals with the rule of appeal, which is one of the problematic issues of this paper.
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Fikriyah, Uswatul. "PERAN AKTIF HAKIM DALAM PEMERIKSAAN KETERANGAN SAKSI DALAM PERSIDANGAN MENUJU HAKIM YANG PROFESIONAL DI ERA KEMAJUAN TEKHNOLOGI INFORMASI." Al'adalah 22, no. 2 (January 4, 2021): 158–66. http://dx.doi.org/10.35719/aladalah.v22i2.19.
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Dalam perkara perdata di Pengadilan Agama khususnya perceraian alat bukti saksi adalah hal yang banyak dihadirkan oleh para pihak. Hakim harus mempunyai metode dan kemampuan professional untuk menggali fakta hukum dan menghasilkan putusan yang berkualitas, adanya perkembangan tekhnologi informasi yang direspon oleh Mahkamah Agung menjadikan semua proses persidangan dilaksanakan melalui media elektronik. Dalam tulisan ini penulis membahas bagaimana tugas dan peran aktif Hakim dalam memeriksa Keterangan Saksi menuju Hakim yang Profesional di era kemajuan tekhnologi informasi. Hasil dari penelitian ini: seorang hakim dalam menyelesaikan perkara melalui beberapa tahapan yang terdiri dari Konstantir, Kualifisir, dan Konstituir. Dalam setiap tahapan yang dilakukan Hakim harus memunyai kepekaan nurani, mempunyai kecerdasan moral dan mengasah profesionalisme. Profesionalisme seorang hakim harus mengacu pada Poin 10 kode etik dan pedoman perilaku hakim. terkait professional, hakim dimaknai sebagai suatu sikap moral yang dilandasi oleh tekad untuk melaksanakan tugasnya dengan kesungguhan yang didukung oleh keahlian, ketrampilan, dan wawasan luas. Selain itu Hakim juga harus berpedoman pada konsep profesionalitas dalam Islam lebih dilihat sebagai sinkronisasi antara gerak manusia dalam dua wujud, yaitu rohaniah dan jasmani.
In civil cases in the Religious Courts, especially divorce cases, the witnesses evidence is a matter that is always presented by the parties. Judges must have professional methods and abilities to explore legal facts and produce quality decisions, the development of information technology that was responded by the Supreme Court made all proceedings carried out through electronic media. In this paper discusses how the duties and the roles of Judges in examining the Witness' statements to become Professional Judges in the era of advancement in information technology. The results of this study: a judge in deciding a case through several stages consisting of Constantine, Qualifiers, and Constituencies. In each stage, the Judge must have a sensitivity of conscience, moral intelligence and hone professionalism. Professionalism of judges must refer to Point 10 of the ethics code and guidelines for judge behavior. Professionalism of judge is interpreted as a moral attitude based on a determination to carry out the task seriously supported by expertise, skills, and broad insight. In addition, the Judge must be guided by the concept of islamic professionalism, which is seen as a synchronization between human movements in two forms, namely spiritual and physical.
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Barbosa, Ana Raquel, Márcia Passos, and Susana Sousa Machado. "CONCEPTUAL ANALYSIS OF EVIDENCE IN CIVIL PROCEEDINGS." ULP Law Review 14, no. 1 (February 9, 2021): 125–55. http://dx.doi.org/10.46294/ulplr-rdulp.v14i1.7474.
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Summary This article focuses on a dogmatic reflection on the concept and function of evidence in civil proceedings. To this end, it addresses evidence as the object of instruction as well as a number of problems associated with the burden of proof. This analysis also deals with the dialectics between the burden of proof and the burden of claim. The reflection we propose on the concetual basis of the evidence also covers questions relating to the instructional activity, the value of the evidence, the binding force of the means of proof and its limitations. From the theoretical framework described, it is also fundamental to proceed to the methodological classification of the test, also questioning its extra procedural value, always seeking to find foundations in the principles underlying the instructional activity. Key words: civil procedure, proof, instruction, allegation.
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Pastukhov, Pavel S. "ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta, no. 396 (July 1, 2015): 149–53. http://dx.doi.org/10.17223/15617793/396/27.
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Shalumov, M. S. "Electronic evidence in criminal proceedings." Criminal Procedure, no. 12 (2021): 80–85. http://dx.doi.org/10.53114/20764413_2021_12_80.
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Oleinikova, P. A., and N. A. Safonova. "Modern methods of recording evidence in civil proceedings." Право и государство: теория и практика, no. 6 (2021): 290–93. http://dx.doi.org/10.47643/1815-1337_2021_6_290.
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Hamroyev, Shukhrat, and Aleksey Parfyonov. "Civil Contract as an Evidence in Avestan Criminal Procedure." SHS Web of Conferences 50 (2018): 01230. http://dx.doi.org/10.1051/shsconf/20185001230.
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The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.
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Zherebkova, T. E., A. I. Selutina, and G. I. Vershinina. "ELECTRONIC LEGAL PROCEEDINGS IN CIVIL PROCEEDINGS OF RUSSIA AND KAZAKHSTAN." Theoretical & Applied Science 80, no. 12 (December 30, 2019): 48–52. http://dx.doi.org/10.15863/tas.2019.12.80.10.
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Shtefan, Anna. "The disposition principle in civil proceedings." Theory and Practice of Intellectual Property, no. 5 (June 11, 2021): 72–81. http://dx.doi.org/10.33731/52020.233743.
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Shtefan A. The disposition principle in civil proceedings. The disposition (from the Latin «dispono» — to dispose) in the most general sense in the legal context means the ability to act at own discretion, to independently choose the direction of their behavior within the limits established by law. In different branches of law, the disposition has its own specific features but its basis is always that the subject of the relevant legal relationship is endowed with a certain freedom of choice in the exercise of their rights and independently disposes of them.The dispositive nature of civil proceedings has the following elements:1) civil proceedings in the case are based on the fact that its occurrence is possible only by virtue of the application of the person concerned to the court. The only grounds for initiating proceedings in the case is the submission of the application of the interested person in accordance with the requirements established by lawand in accordance with the procedure established by law;2) the court considers civil cases within the requirements stated in the case which include the requirements stated in the main claim, in a counterclaim, and in a third party claim;
3) consideration of civil cases is carried out solely on the basis of evidence submitted by the parties to the case or required by the court in cases provided by law. The main burden of filling the case with evidence rests with the parties to the case, and the court assists them in obtaining evidence by demanding it only in casesestablished by law;4) the party to the case, as well as the person who has legal capacity and in whose interests the claim is filed, disposes of their rights in relation to the subject matter of the dispute at their own discretion. This rule covers only procedural, not substantive rights, and applies only to rights relating to the subject matter of the dispute. In addition, the possibility of discretion of the party to the case in relation to their procedural rights on the subject matter of the dispute is allowed to the extent provided by procedural law;5) the court engages the relevant body or person that has the right to protect the rights, freedoms, and interests of others if the actions of the legal representative are contrary to the interests of the person he represents. In case of discrepancy between the interests of this person and the actions of his legal representative, the court is authorized to involve a body or person who is legally entitled to protect the rights, freedoms, and interests of others to participate in the case;6) the collecting of evidence in civil cases is not the obligation of the court except in cases established by procedural law. The court should not act in this direction instead of an inactive party to the case; the mandatory authority of the court to collect evidence is due to the direct indication of in which cases and what evidence is collected by the court itself;7) the court has the right to collect evidence relating to the subject matter of the dispute on its own initiative only in cases where it is necessary to protect minors or minors or persons who have been declared incompetent or whose capacity is limited, as well as in other cases provided by procedural law.The disposition as a basis of civil proceedings determines the only possible condition for the process of consideration of the case — the application of the interested person to the court, the limits of consideration of the case — stated by the interested person requirements, the basis of the case — evidence submitted by the parties or demanded by the court. The disposition also means the freedom of the party to dispose of their procedural rights in relation to the subject matter of the dispute, the absence of any obstacles to the implementation of such an order at its discretion. This freedom is not absolute and it has the statutory limits. Such limits are necessary for the effective functioning of the civil procedural form, in particular, the observance of reasonable time limits for civil cases and the prevention of abuse of procedural rights.Key words: disposition, disposition principle, civil proceedings
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Antsiperova, A. I., V. S. Rodionova, and V. G. Nastali. "Trialogue on electronic «justice» in civil proceedings." Russian Journal of Legal Studies 2, no. 1 (March 15, 2015): 196–202. http://dx.doi.org/10.17816/rjls18011.
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Reshetnyak, Vladimir. "Electronic Means of Proof in Civil Proceedings." RUSSIAN JUSTICE 121, no. 5 (May 2016): 31–38. http://dx.doi.org/10.17238/2072-909x.2016.5.31.
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Rusakova, Ekaterina P. "ELECTRONIC CIVIL PROCEEDINGS IN INDONESIA, THAILAND, MALAYSIA." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1122–40. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1122-1140.
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Electronic court proceedings are now becoming a prerequisite for the effective functioning of the entire judicial system. The introduction of digital technologies in the judicial process is one of the tasks of reform, and its speed, cost-effectiveness and accessibility depend on it. The research purpose of this article is to identify common positive and negative features of the process of integrating modern technologies into civil proceedings in Indonesia, Thailand, and Malaysia. It is proved that: 1) Legal regulation of application of technical means in civil proceedings are not often in line with modern realities; 2) It is necessary to create conditions to secure judicial form of protection of rights and lawful interests by means of digital technologies; 3) The judicial form of protection of rights online is a guarantee of its implementation; 4) Implementation of procedural actions with the help of digital technical means needs simplification; 5) The general trend in reforming the civil process is wider application of artificial intelligence technologies. Comparative legal analysis of foreign legislation and literature demonstrates different levels of e-justice achievement in the countries under study, among which Malaysia is a leader in integrating modern information and telecommunications technology in civil proceedings; 6) The level of implementation of the digital agenda varies depending on the type of legal proceedings.
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Nazarov, Valentin V., and Aleksandr D. Zolotuhin. "On the issue of evidence admissibility in civil proceedings." Current Issues of the State and Law, no. 17 (2021): 148–60. http://dx.doi.org/10.20310/2587-9340-2021-5-17-148-160.
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We investigate the procuring evidence in civil proceedings, we come to the conclusion that the court in the procuring evidence is the determining subject. This conclusion follows from the content of the rules of the court’s activity to determine the subject of evidence. By determining the subject of evidence, the court thereby determines and organizes the activities of the persons participating in the case, to prove the circumstances to which it indicated in the subject of evidence, regardless of the persons’ opinion par-ticipating in the case regarding the circumstances that they asked to be in-cluded in the subject of evidence, but the court did not. The decisive role of the court in the procuring evidence is also confirmed by the legislator’s right to apply the rules of evidence admissibility presented by the persons participating in the case for examination in the court session, as well as the right to offer the persons participating in the case to submit additional evidence. We conclude that the rules applied by the court to determine the evidence admissibility represent a specific set. This set includes, in addition to the general rule for determining the evidence admissibility, the rule according to which the evidence admissibility is established by determining their relevance and sufficiency to the circumstances of the subject of evidence. The set also includes rules for determining the procedural form of the evidence presented, including the rules for obtaining them. We believe that the legislator should exclude the current rule on the violations recognition of the procedural form of obtaining evidence as formal, as not complying with the requirements of the legality principle.
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Kudeikina, I. "PORT AS EVIDENCE IN THE CIVIL PROCEEDINGS OF LATVIA." Archives of Criminology and Forensic Sciences 1 (June 9, 2020): 73–79. http://dx.doi.org/10.32353/acfs.1.2020.05.
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A forensic expert report is an important part of the evidence process in civil proceedings. An examination is possible both before the initiation of a civil case, and while its consideration. In some cases, it is expedient to conduct examination immediately, until the actual circumstances are not lost or changed, for example, in cases of property damage in fire, in water, in cases of vehicles damage in road accidents. An interested party has the right to ask a forensic expert to conduct an examination. However, according to the Civil Procedure Law of Latvia, the examination conducted at the initiative of one of the parties and not appointed by the court does not have the power to obtain a forensic expert opinion and is assessed as written evidence.
The article is devoted to the issues of assessing a forensic expert report as evidence in civil procedure.
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Onosov, Yuri, and Maria Borodailyuk. "Judicial Discretion in Evaluation of Evidence in Civil Proceedings." Rossijskoe Pravo. Obrazovanie, Praktika, Nauka, no. 3 (2021): 40–46. http://dx.doi.org/10.34076/2410_2709_2021_3_40.
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Rudko, K. А. "DUTY TO PROVE AND PRESENT EVIDENCE IN CIVIL PROCEEDINGS." State and Regions. Series: Law, no. 4 (2020): 125–28. http://dx.doi.org/10.32840/1813-338x-2020.4.20.
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Koshelev, Anton, and Ekaterina Rusakova. "The problem of admissibility of evidence in Indian civil proceedings." SHS Web of Conferences 106 (2021): 02015. http://dx.doi.org/10.1051/shsconf/202110602015.
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The article deals with the problem of evidence and proof in civil proceedings in India. A number of foreign researchers focus on the issue of admissibility and inadmissibility of evidence in legal proceedings. In this regard, special attention is paid to the interpretation of different types of evidence and the legality of their inclusion or recusal in terms of judicial civil proceedings in India. Moreover, the situation is complicated by the global pandemic problem that makes the assessment of the validity of evidence more challenging for the judicial system of India and other countries in modern conditions.
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TATULYCH, Iryna Yuriyivna. "Civil Proceedings During Quarantine." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 184–94. http://dx.doi.org/10.18662/eljpa/7.2/138.
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The article is devoted to the study of issues related to the proceedings in civil court cases during the quarantine period. The importance of ensuring continuous and secure access to justice is obvious to effectively protect violated, unrecognized or disputed rights, freedoms, or interests of individuals, the rights and interests of legal entities, the interests of the state. The article reveals the study of the issue of a person's constitutional right realization to fair judicial protection during a pandemic. Legislation and regulations that contain the main recommendations for courts to administer justice during the quarantine period underwent the analysis. It is substantiated that neither the judicial system nor the guarantees of citizens for judicial protection can be "quarantined" because the main function of the state, even in such conditions, is to ensure the implementation of the protection of the rights and freedoms of citizens. It is found out that justice should be not just a form of the judiciary, but an effective tool for protecting rights, freedoms, and interests. The court is the tool that ensures the effectiveness of judicial protection. To overcome the identified gaps, it was concluded that it is necessary to implement all components of electronic litigation, which will make an appeal to court more accessible and understandable, will completely abandon paper documentation in parallel with an electronic one, and in the future will lead to effective civil litigation and timely resolution, within a reasonable period.
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Svitlana, Khomiachenko, and Chasova Tetiana. "Use of electronic evidence in criminal proceedings." Law. Human. Environment 11, no. 2 (April 30, 2020): 175–81. http://dx.doi.org/10.31548/law2020.02.021.
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