scholarly journals Messenger chats as evidence in сivil and arbitration proceedings — Russian judicial practice

2021 ◽  
Vol 7 (3) ◽  
pp. 9-15
Author(s):  
Ekaterina P. Rusakova ◽  
Viktor V. Zaitsev
Keyword(s):  
Positive Attitude ◽  
Social Groups ◽  
Final Conclusion ◽  
Human Society ◽  
Constitutional Rights ◽  
Socioeconomic Conditions ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Production And Distribution ◽  
Court Proceedings

The development of production and distribution relations, which are forms of interaction among society and individuals, and social groups presupposes the adequate development of procedural legal means for ensuring (implementing and protecting) the constitutional rights of participants in these relations. As is well known, the socioeconomic conditions of human society development provide new sources and means of judicial evidence. The task of justice is to provide participants in a judicial dispute with a legal opportunity to use acceptable judicial evidence in accordance with the procedures established by law. This study analyzes the judicial practice of using information from the messenger chat in court proceedings and formulates rules for using the messenger chat and screenshots as an acceptable judicial proof. Among these rules, the following should be noted: mandatory identification of the message recipient, identification of the true will of the message sender, coordination of the order of sending messages via messenger chat, etc. The article discusses the opinion of scientists about the attribution of a screenshot to written or electronic evidence. Considerable attention is paid to the problem of using correspondence in the messenger chats as a source of judicial evidence in resolving labor disputes. The authors made a final conclusion about the positive attitude of Russian courts to the use of information from the messenger chats as a legal source of judicial evidence. The rules of their application warrant attention.

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

Origins of the Code

2019 ◽  
pp. 9-23
Author(s):  
John Billheimer
Keyword(s):  
Motion Picture ◽  
Social Groups ◽  
Motion Picture Industry ◽  
Public Concern ◽  
Film Censorship ◽  
Production Code ◽  
The Us ◽  
Production And Distribution ◽  
Seal Of Approval

This chapter traces the origins of film censorship in the US from 1910 onward. It documents the rise of public concern over movie sex and violence and traces the manner in which pressures from religious and social groups led to the formation of individual censorship entities in various states and municipalities. The motion picture industry tried to counter these pressures by forming the Motion Picture Production and Distribution Association under Will Hays and promising to police itself, an effort that proved ineffectual until 1934, when government pressure, the Legion of Decency, and Catholic boycotts led to the requirement that any motion picture produced in the US had to earn the Seal of Approval of the Production Code Administration under Joe Breen.

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

Resurgence of the Traditional Justice System in Postcolonial Benin (Nigeria) Society

2013 ◽  
Vol 6 (1) ◽  
pp. 123-135 ◽  
Author(s):  
Itohan Mercy Idumwonyi ◽  
Solomon Ijeweimen Ikhidero
Keyword(s):  
Justice System ◽  
Social Groups ◽  
Human Society ◽  
Traditional Values ◽  
Mutual Respect ◽  
African Society ◽  
Common Features ◽  
African People ◽  
The People ◽  
Law And Justice

Abstract Rules and norms of behaviour are common features in human society. This is confirmed by human being’s desire for protection, fairness and mutual respect from fellow humans in their social groups. Recognized authorities whose sanctions are respected help to ensure fairness and mutual respect for each other. For the traditional Benin (African) society, the issue of law and justice is the joint concern of the deities, ancestors and the human members within the society. The aim of this paper, is to examine (i) the relevance of traditional justice system in postcolonial Benin (African) society; and (ii) the unwavering respect for traditional values which the Benin (African) people have maintained even in a postcolonial era; and argue that the continual preference for traditional methods of obtaining justice by the people of Benin (Africa) are not unconnected with the inherent limitations of the received English legal system within an African terrain. As insiders, we propose a harmonization of a ‘euro-afro-centric judicial system, for we believe that this would be beneficial and progressive for us as a people in quest for justice in a postcolonial Benin (African) society.

scholarly journals ON THE BALANCING OF RIGHTS AND THE PROPORTIONALITY OF JUDICIAL DECISIONS: IS IT NOT MORE FICTION THAN REALITY?

2018 ◽  
Vol 5 (7-8) ◽  
pp. 194-209
Author(s):  
Luis Renato Vedovato ◽  
Josué Mastrodi Neto
Keyword(s):  
Social Groups ◽  
Research Paper ◽  
Social Rights ◽  
Constitutional Rights ◽  
Individual Rights ◽  
Judicial Decisions ◽  
Equal Importance

This is a research paper on the prevalence of interests and values of the highest social groups against the interests and values of subordinate social groups, such as migrants, even in judicial decisions of apparently individual conflicts involving only plaintiff and defendant. Individual rights, on which the modern Government was structured, tend to prevail over social rights. This prevalence is crucial even in the context of the theory of constitutional rights of Robert Alexy, who states equal importance to individual or social rights and that, because of the proportionality, there would be a chance that social rights would prevail. It is even possible to say that each collision of rights will be determined proportionally and differently, but the proportionality does not confer rationality to the discretion needed to justify the decision. The proportional decision has more to do with the chosen criterion than the conflicting rights.

scholarly journals Electronic evidence as a means of evidence in civil proceedings

2020 ◽  
pp. 215-219
Author(s):  
Iryna Tatulych
Keyword(s):  
Information Technologies ◽  
Civil Justice ◽  
Telecommunication System ◽  
Electronic Evidence ◽  
Procedural Law ◽  
Relevant Evidence ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Electronic Copy ◽  
Constitutional Right

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice. Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System. In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

scholarly journals General Theoretical Issues of Improving Private Forensic Methods In The Field Of Combat Against Cybercrime

2021 ◽  
Vol 58 (1) ◽  
pp. 2705-2712
Author(s):  
Khamidov Bakhtiyor Khamidovich Et al.
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
International Standards ◽  
Digital Evidence ◽  
National Legislation ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Practical Research ◽  
Technical Features ◽  
Theoretical Issues

This article critically examines the problems and gaps that arise in national legislation and law enforcement practice in the fight against cybercrime. Scientifically grounded ways and means of their overcoming are theoretically analyzed. In this regard, proposals and recommendations were developed for the development of private criminology methodologies for the development of the theory of forensic science. The article was prepared with the views of theorists and practitioners, as well as technical research which were based on scientific and practical research in the field of countering cybercrime. The study analyzes a number of proprietary forensic methods that serve to improve the effectiveness of investigative actions in the fight against cybercrime. National legislation, investigative and judicial practice, international prominent practices were studied, and their achievements and drawbacks were substantiated on the basis of the author's conclusions. Based on this, the most favorable directions for combating these crimes in Uzbekistan were selected. The article provides a systematic, legal, scientific and methodological analysis of problems in this area and the author's conclusions on this matter. At the same time, the role and importance of advanced foreign experience and international standards in improving national legislation and ensuring the implementation of the tasks set in the State Program are emphasized. In addition, the concepts of "electronic evidence" and "digital evidence" were scientifically analyzed. Their content and technical features are scientifically and theoretically substantiated.

scholarly journals Analisis Yuridis Kekuatan Hukum Sertipikat Tanah Elektronik Dalam Pembuktian Hukum Acara Perdata

Widya Bhumi ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Dian Dewi Khasanah
Keyword(s):  
Scientific Paper ◽  
Civil Procedure ◽  
Electronic Information ◽  
Analog To Digital ◽  
Electronic Documents ◽  
Electronic Evidence ◽  
Legal Method ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Court Proceedings

The role of electronic evidence, namely electronic certificates as part of electronic documents in civil cases, is still questionable. The presence of the Electronic Information and Transactions Law, which is the legal umbrella for the validity of electronic certificates, apparently still raises pros and cons, even in the eyes of law enforcers, therefore more specific regulations are needed so that the validity and strength of proof of electronic certificates are no longer questioned in court proceedings, especially civil cases. Electronic certificate or also known as electronic land certificate as one of the products from The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency which is currently being discussed will implement a media transfer process from analog to digital form. For this reason, it is necessary to prepare further regarding regulations to regulate how the later position and strength of evidence from electronic land certificates in Civil Procedure Law as an extension of evidence in civil cases. The method used in writing this scientific paper is legal research with the socio-legal method, namely by normatively examining the regulations regarding the Information dan Electronic Transaction of law in which have been used in civil proceedings in court and by looking at the existing norms and responses that are developing in the community. In the provisions of Article 6 of the Electronic Information and Transactions Law, an electronic document is considered valid if it is accessible, displayable, assured as to its integrity, and accountable. However, because it does not have perfect evidentiary power, it is necessary to accelerate the discussion of the Draft Civil Procedure Law, so that electronic land certificates as part of electronic documents have perfect evidentiary power in court, especially in civil cases.Keywords: Electronic Land Certificate, Evidence, Civil Procedure Law Intisari: Peran alat bukti elektronik yaitu sertipikat elektronik sebagai bagian dari dokumen elektronik dalam perkara perdata sampai saat ini masih dipertanyakan keabsahannya. Kehadiran UU ITE yang menjadi payung hukum dari keabsahan sertipikat elektronik rupanya masih menimbulkan pro dan kontra, bah­kan di mata penegak hukum, oleh karenanya dibutuhkan regulasi yang lebih spesifik agar keab­sahan dan kekuatan pembuktian dari sertipikat elektronik tidak lagi dipertanyakan dalam beracara di pengadilan khususnya perkara perdata. Sertipikat elektronik atau dapat juga disebut sertipikat tanah elektronik sebagai salah satu produk dari Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional (ATR/BPN) yang saat ini sedang diwacanakan akan diberlakukan atau akan dilaksanakan proses alih media dari bentuk analog ke bentuk digital. Untuk itu perlu dipersiapkan lebih lanjut menge­nai regulasi untuk mengatur bagaimana nantinya kedudukan dan kekuatan pembuktian dari sertipikat tanah elektronik dalam Hukum Acara Perdata sebagai perluasan alat bukti pada perkara perdata. Metode yang digunakan dalam penulisan karya ilmiah ini adalah penelitian hukum dengan metode sosio legal, yaitu dengan mengkaji secara yuridis normatif berbagai ketentuan perundang-undangan dan pengaturan mengenai dokumen elektronik yang selama ini dapat digunakan dalam beracara secara perdata di pengadilan serta dengan melihat norma dan respon yang ada dan berkem­bang di tengah masyarakat. Dalam ketentuan Pasal 6 UU ITE, suatu dokumen elektronik dianggap sah apabila dapat diakses, ditampilkan, dijamin keutuhannya, dan dapat dipertanggungjawabkan. Namun karena belum memiliki kekuatan pembuktian yang sempurna, maka perlu segera dipercepat pemba­hasan mengenai Rancangan Undang-Undang Hukum Acara Perdata, agar sertipikat tanah elektronik sebagai bagian dari dokumen elektronik memiliki kekuatan pembuktian yang sempurna di muka pengadilan khususnya perkara perdata.Kata Kunci: Sertipikat Tanah Elektronik, Pembuktian, Hukum Acara Perdata

scholarly journals E-evidence and e-court in the context of the Covid-19 pandemic: A study from Ukraine

2021 ◽  
Vol 4 (4) ◽  
pp. 163-181
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Imperfect Information ◽  
Data Exchange ◽  
Document Management ◽  
Access To Justice ◽  
Electronic Evidence ◽  
Procedural Time ◽  
Court Proceedings ◽  
Judicial Procedure

The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. This is is an important factor in improving the efficiency of the openness and transparency of justice and simplifies judicial procedure, shortens court proceedings and procedural time limits, reduces operating costs, and saves time for all the participants of the process while cases are under consideration. Due to the rapid spread of COVID-19, rapid judicial reforms have taken place around the world to ensure access to justice in this new environment. Insufficient levels of information and technical support for the courts in Ukraine, the lack of a single format for data exchange between automated document management systems of various instances and specialisations, imperfect information protection systems, and insufficient regulation of the information legislation remain problematic issues in the functioning of e-justice systems, all of which require further study. Addressing these issues will help justice in Ukraine to reach a new level in the coming years. Since the e-justice system is aimed at optimising the work of courts through the informatisation of processes, and electronic means of proof are designed to ensure the rights of litigants to use electronic information, the interaction of the notion of electronic evidence with the e-justice system is quite possible. This interaction will increase the efficiency of the judiciary and the quality of justice. This article examines the development of information technology in the courts of Ukraine, including during the COVID-19 pandemic, analyses court decisions rendered in the context of the pandemic, and reflects on the real state of the judicial system in the adoption and examination of electronic evidence. It should be noted that the procedure for processing, submitting, and examining electronic evidence is currently not fully regulated, so the use of electronic evidence in litigation is not always effective. All of the above indicates the need to refine the current procedural codes in terms of introducing clear rules for the collection, execution, submission, and examination of electronic evidence.

scholarly journals Electronic evidence in intellectual property protection cases property on the Internet

2020 ◽  
Author(s):  
A.E. Gavrik
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
The Internet ◽  
Electronic Information ◽  
Electronic Evidence ◽  
Civil Proceedings ◽  
Court Proceedings

This article is devoted to the problem of using electronic evidence in civil proceedings. The author considers the issues of collecting and providing electronic information to the court. Special attention is paid to the conditions of admissibility and reliability of electronic evidence in court proceedings, as well as their evidentiary value.

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