Електронні (цифрові) докази в цивільному процесі

The article examines electronic (digital) evidence in civil proceedings. The object of the study is legal relations related to the use of electronic evidence in the course of civil proceedings and the resolution of civil cases. The subject matter consists of civil procedural norms, scientific concepts regarding the use of electronic evidence in civil proceedings, problems with their implementation, and ways to solve the problems that arise. The study is based on the dialectical method of cognition in the analysis of information technologies, the totality of their inherent necessary properties and connections with regard to the field of civil proceedings. It is noted that the use of information technologies is a phenomenon capable of significantly transforming all existing relationships. Given the importance of justice in civil cases for the stability of the entire legal system, any risks, real or potential, can lead to very tangible consequences, which is why the field of civil procedure needs to develop a specific conceptual framework for the use of information technology, with a view to ensuring that the foundations of justice are not undermined as a result of the incorrect application or non-application of a particular information technology. Electronic technologies are more communicative and organizational in nature, while digital technologies also influence the content of justice and its outcome. It is stated that electronic evidence should be distinguished as a separate type of evidence due to its specific features, which prevent it from being a type of written, material, or mixed evidence. The criteria for the admissibility of electronic evidence must be defined in relation to its specific nature, as the existing criteria are not entirely suitable for the characteristics of this type of evidence. A positive example of the regulation of electronic evidence is the 2019 Council of Europe Guidelines, which establish standards for electronic evidence and provide the most optimal version of its use in civil proceedings. Some academic works equate the concepts of electronic evidence and electronic documents. However, electronic evidence does not have to be necessarily in documentary form.