The perspectives and advantages of the application of the electronic document in the contravention process

Adoption of legislation regarding the electronic document has been an important measure in the development of social relations and in speeding up the pace of life in our society. Until recently, some thirty years ago, it was quite difficult to imagine signing a document without a handwritten signature, but today it is a matter of course. More importantly, the legislator no longer gives priority to the written document, but determines its substance according to its content, but not its form. The form remains only an element ensuring the enforceability of the document, but not its nature. According to our opinion, at the present stage, the practice of electronic document application has been retarded in the contravention process, as well as in the criminal and civil ones, and the criminal and contravention process is “enjoyed” by the presence of the electronic document only occasionally. More often than not it is generated not by the authority examining the case, but by other subjects involved in the process. In this perspective, the practice initiated by the General Inspectorate of Police in documenting contravention cases by means of the electronic file is, in our opinion, a first step in the process of creating the „e- dosar” system. For these reasons, the theoretical solution of the problems related to the electronic document is today an urgent necessity, because it is through the implementation of this system that we will be able to ensure the implementation of the principle of celerity.

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Publication Details

Published
2024-10-01
DOI
https://doi.org/10.59295/ssdoed2024.28
Primary Topic
Taxation and Legal Issues
Type
article
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article

The perspectives and advantages of the application of the electronic document in the contravention process

Igor Trofimov, Viorel Cernauteanu
Taxation and Legal Issues
article

The perspectives and advantages of the application of the electronic document in the contravention process

Igor Trofimov, Viorel Cernauteanu
article en

Abstract

Adoption of legislation regarding the electronic document has been an important measure in the development of social relations and in speeding up the pace of life in our society. Until recently, some thirty years ago, it was quite difficult to imagine signing a document without a handwritten signature, but today it is a matter of course. More importantly, the legislator no longer gives priority to the written document, but determines its substance according to its content, but not its form. The form remains only an element ensuring the enforceability of the document, but not its nature. According to our opinion, at the present stage, the practice of electronic document application has been retarded in the contravention process, as well as in the criminal and civil ones, and the criminal and contravention process is “enjoyed” by the presence of the electronic document only occasionally. More often than not it is generated not by the authority examining the case, but by other subjects involved in the process. In this perspective, the practice initiated by the General Inspectorate of Police in documenting contravention cases by means of the electronic file is, in our opinion, a first step in the process of creating the „e- dosar” system. For these reasons, the theoretical solution of the problems related to the electronic document is today an urgent necessity, because it is through the implementation of this system that we will be able to ensure the implementation of the principle of celerity.

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