THE CONCEPT OF ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS

Abstract

A growing public interest in electronic information networks raises the necessity for a series of procedural measures. The main role in this issue is given to the growth of information types existing in the electronic format and its legal aspects, which needs to establish a stable normative regulation. These problems in their turn create a question on the evidence value of information existing in the electronic form. The question is particularly important in the cases when communication between the parties to a civil dispute is in the electronic form. The aim of evidence proceedings in procedural regulation is to develop preconditions for the court to clarify the true conditions of the case. To achieve the aim an appropriate procedural form is necessary which would let the judge and other parties to the process insure as conveniently and effectively as possible to show and try true conditions of the case and to clear the necessary evidence to make information technologies serve the litigation purposes more effectively. The solutions of those questions are closely linked to the understanding of the electronic evidence essence, as well as its place in the trial process.