Submission and Taking of Evidence: Practice of the European union
The study's relevance is due to the adaptation of the mechanisms of legal regulation of procedural relations in Ukraine to the law of the European Union. The study aims to identify the forms and rules for collecting and presenting evidence in civil and commercial cases under the law of the European Union—research methods. Primary sources were studied in writing the article, including the European Union legislation. Scientific works of foreign authors devoted to individual aspects of the problem under study were analyzed. Achieving the outlined goal was made possible through the use of a complex of methods of scientific knowledge, in particular philosophical (Aristotelian), general scientific (descriptive, systemic, comparative, structural-functional), as well as special (developed by non-legal sciences, in particular, the analysis of written legal sources, cybernetic) and individual (developed by legal sciences: formal-dogmatic and special-legal) methods. The scientific novelty lies in the fact that this article is one of the first comprehensive studies of the features of collecting and presenting evidence in civil and commercial cases in the European Union. Results. The features of collecting and presenting evidence in civil and commercial cases according to the rules established in the European Union have been studied. The need to consider these features in Ukraine's procedural legislation and practice of application has been substantiated. Conclusions. The European Union consistently introduces innovative technologies into all spheres of life, as well as the digitalization of economic and judicial processes. Using electronic, remote technologies in civil and commercial cases should ensure the necessary level of security while collecting and receiving evidence. Unlike the procedural legislation of Ukraine and the practice of its application, a decentralized IT system is used to collect and receive evidence in civil and commercial cases in the European Union to simplify and increase the efficiency of judicial processes, as well as to ensure greater legal certainty.
Authors
- Svitlana Senyk (ORCID: https://orcid.org/0000-0003-3492-5282)
- Oksana Hnativ (ORCID: https://orcid.org/0000-0002-4161-8478)
Publication Details
- Journal
- Civìlìstična platforma.
- Published
- 2025-03-01
- DOI
- https://doi.org/10.69724/2786-8834-2025-4-1-90-101
- Citations
- 1
- Primary Topic
- European Criminal Justice and Data Protection
- Type
- article
- Field-Weighted Citation Impact
- 8.52