Electronic evidence in civil proceedings: notarial proceedings, civil proceedings and mediation

The article is devoted to the analysis of electronic evidence in civil proceedings, namely, in notarial proceedings, civil proceedings and mediation, and their classification. The article develops and improves the concept of “civil proceedings” in relation to the introduction of electronic evidence in notarial proceedings and mediation. It is proved that in notarial proceedings, civil proceedings and mediation, electronic evidence is used that is important for the performance of notarial actions or the resolution and settlement of a dispute (conflict) in civil proceedings and mediation. It is established that the Law of Ukraine “On Notaries” does not contain a norm that would determine the requirements and procedure for the application of electronic evidence during the performance of notarial actions. It is proposed to understand electronic evidence in the notarial process as an “electronic document” - a document in which information is recorded in the form of electronic data, which was created and meets the requirements of the Law of Ukraine “On Electronic Identification and Electronic Trust Services” and “On Electronic Documents and Electronic Document Management”, and contains data on circumstances that are important for the performance of notarial actions defined by the Law of Ukraine “On Notarial Services”. Electronic evidence in the notarial process is classified by the subject of creation: 1) electronic documents that are created and submitted to the notary by the subject of the application (an individual and/or legal entity); 2) electronic documents that are created by a notary or a person who is granted the right by law to perform notarial actions; 3) electronic documents that are received by a notary to perform a notarial action through electronic information interaction with information and communication systems (registers, cadastres, databases, etc.). It is proven that the Civil Procedure Code of Ukraine contains a definition of electronic evidence, requirements for evidence, as well as the procedure for their application. The Law of Ukraine “On Mediation” does not use the terms “evidence” and “electronic evidence”, and therefore the procedure for submitting electronic evidence, its types, requirements for such evidence that can be used in mediation, since they are important for resolving the dispute (conflict) by the parties to mediation, are absent. Instead, the parties to the mediation, acting in accordance with the mediation agreement, the mediation rules, and the Law of Ukraine «On Mediation» regarding the exercise of their rights, have the right to use evidence in general and electronic evidence in particular during the mediation.