ELECTRONIC DOCUMENTS AS ELECTRONIC EVIDENCE

The development of technology has led to the fact that a large part of the disputes has transcended national borders and acquired a cross-border character. This requires the study of electronic evidence, in particular electronic documents, as a qualitatively new legal phenomenon, which has its own independent regulation at national and supranational level. In order to understand the concept of "electronic document", a comparison will be made with the conventional, written document, indicating the similarities and differences between the two legal phenomena, as well as the peculiarities inherent only to electronic documents. The article explores the concept of the electronic evidence in conflict resolution through a mixed-methods approach combining systematic literature analysis and comparative case studies. The legal definition of an electronic document is analyzed. Author also concludes on the necessity of a rethinking of the theory of physical evidence in the context of electronic documents.