scholarly journals Electronic Evidence in the Civilistic Process

2021 ◽  
Vol 1 ◽  
pp. 74-79
Author(s):  
N. A. Nikitashina ◽  
◽  
K. V. Maryasov ◽  
Keyword(s):  
Traditional Approach ◽  
Legal Regulation ◽  
Electronic Document ◽  
Sources Of Information ◽  
Electronic Documents ◽  
Computer Tools ◽  
Electronic Evidence ◽  
Information Interaction ◽  
Evaluation Of Evidence ◽  
Electronic Sources

The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).

scholarly journals BILL OF LADING IN LEGAL REGULATION OF FOREIGN TRADE ACTIVITY: FROM PERSONAL SUBSCRIPTION TO ELECTRONIC CRYPTO CODE

2019 ◽  
Vol 23 (3) ◽  
pp. 375-393
Author(s):  
Agnessa O. Inshakova ◽  
Alexander I. Goncharov
Keyword(s):  
Foreign Trade ◽  
Legal Regulation ◽  
International Agreements ◽  
Maritime Trade ◽  
Electronic Document ◽  
Scientific Methods ◽  
Electronic Documents ◽  
Bill Of Lading ◽  
Legal Instrument ◽  
Trade Deals

Sea freight was and remains the most popular way of cargo delivery. Transportation of goods by sea routes plays a crucial role in the economy of most countries. The bill of lading acts as a legal instrument and guarantees the interests of participants in foreign trade deals and has a complex legal nature, due to its functionality. The use of electronic documents for formalizing relations between the participants in the maritime transport of goods has become possible due to the rapid development and widespread introduction of information technologies into the property turnover. In the period of digitalization of the Russian economy, the study of the legal regulation of the bill of lading accompanied by special computer software products is relevant and significant. The main purpose of the article is to disclose the essential characteristics of a bill of lading as a trading, title-bearing security from the perspective of the evolutionary development of this legal instrument over several centuries. The authors formulate a number of recommendations for the expanded implementation of electronic document circulation in maritime trade, arguing that, along with the adopted legal acts, should clarify the use of electronic documents when transporting goods by sea. In the Russian Federation, the rules on bills of lading must be supplemented by international agreements, additionally adopt a number of national legal acts in this sphere. The theoretical basis of the research was the studies of Russian and foreign investigators, which examine the relations of entities applying bills of lading in foreign economic activity (Vilkova, 2004; Golubchik, Katykha, 2017; Dubovec, 2006; Inshakova, Kalinina, Goncharov, 2019; Skaridov, 2018 et al.). Methodologically, the present research is based on the authors' materialistic worldview. General scientific methods were used: dialectic, inductive, deductive, analysis, synthesis, generalization, etc., as well as particular scientific methods: formal legal, comparative legal, etc.). As a result of the scientific analysis for the expanded implementation of electronic document circulation in maritime trade, along with the adopted legal acts, the authors proposed to specify the use of electronic documents for the carriage of goods by sea. The rules on bills of lading must be supplemented by international agreements, and a number of national legal acts in this area should be adopted. Suggestions for Smart applications to bills of lading and electronic registration of microchips, which should mark the goods moved by foreign trade deals, which will positively affect the increase of the rule of law at the domestic level through more precise electronic customs, tax, currency control. It is substantiated that in the aspect of the implementation of economic relations, digital registration acts a preventive and prophylactic function - reducing potential conflicts. To realize the benefits of smart applications to bills of lading, it is recommended to develop and adopt a set of legal norms of legislative and sub-legal level governing public relations in the digital economy, implementing these smart applications to bills of lading implementing business practice and inter-jurisdictional polysubject blockchain.

scholarly journals PRESERVATION OF EVIDENCE OBTAINED DURING THE PRE-TRIAL INVES-TIGATION AS ONE OF THE CHALLENGES IN THE TRIAL OF ORGANIZED CRIME CASES

2020 ◽  
pp. 51-61
Author(s):  
Yakov M. Mazunin ◽  
◽  
Pavel Ya. Mazunin ◽  
Keyword(s):  
Preliminary Investigation ◽  
Video Recording ◽  
Sources Of Information ◽  
Related Information ◽  
Information Interaction ◽  
Judicial Investigation ◽  
Preservation Of Evidence ◽  
Court Proceedings ◽  
Evaluation Of Evidence ◽  
Material Evidence

Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and have a significant impact on the tactics of the judicial investigation. This is because each case raises questions such as whether to begin the examination of evidence with the interrogation of defendants, victims or witnesses and, if there are several defendants, in what order to interrogate them, in what order to inter-rogate witnesses, in what part of the judicial investigation it is better to conduct expert exami-nations, inspection of physical evidence, the scene of the incident and other investigative actions. Criminal procedural legislation does not regulate such issues, which allows us to refer them to the tactics of the judicial investigation. The judicial-investigative situation under consideration, related to the change of testimony in court, can be partially resolved by choosing the order and combination of different forms of judicial interrogation, summoning for questioning to court persons who, according to the defendant, used methods of illegal influence, using such idea of information interaction as the principle of maevtika, related to the enrichment of information. Its essence is that in addition to the information obtained in the course of the investigation and operational-search activities and fixed in the relevant documents, the court should be presented with related information. This may include, for example, a video recording of the information environment at the time of the interview or during the interrogation, especially when the potential perpetrator was confessing. Pursuant to article 240, paragraph 1, of the Code of Criminal Procedure, in addition to hearing the testimony of the defendant, the victim, witnesses and expert findings, examining material evidence, and disclosing protocols and other documents, the court carries out other judicial investigative activities to examine the evidence. This enables the court to identify in the course of the trial the reasons for a change in the evidence and to verify its consistency with reality. At the same time, it is often the investigator or operative who can provide an indication of the sources of information that can help verify statements about the coercion of interrogators to confess, when they are questioned during the judicial investigation.

scholarly journals Electronic document flow as evidence in civil proceeding: evaluation features and application problems

2021 ◽  
Vol 109 ◽  
pp. 01039
Author(s):  
G.V. Stankevich ◽  
I.M. Vilgonenko ◽  
Y.N. Slepenok ◽  
O.M. Litvishko
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Document ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Procedural Code ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Document Flow ◽  
Definition Of

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

scholarly journals Elektronički dokazi u sudskom postupku i računalna forenzička analiza

2017 ◽  
Vol 38 (1) ◽  
pp. 23-48
Author(s):  
Jozo Čizmić ◽  
Marija Boban
Keyword(s):  
Information Society ◽  
Legal Regulation ◽  
Positive Sign ◽  
Media Technology ◽  
Computer Data ◽  
Electronic Documents ◽  
Electronic Evidence ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
The Impact

Today’s perspective of the information society is characterized by the terminology of modern dictionaries of globalization including the terms such as convergence, digitization (media, technology and/or telecommunications) and mobility of people or technology. Each word with progress, development, a positive sign of the rise of the information society. On the other hand in a virtual environment traditional evidence in judicial proceedings with the document on paper substrate, are becoming electronic evidence, and their management processes and criteria for admissibility are changing over traditional evidence. The rapid growth of computer data created new opportunities and the growth of new forms of computing, and cyber crime, but also the new ways of proof in court cases, which were unavailable just a few decades. The authors of this paper describe new trends in the development of the information society and the emergence of electronic evidence, with emphasis on the impact of the development of computer crime on electronic evidence; the concept, legal regulation and probative value of electronic evidence, and in particular of electronic documents; and the issue of electronic evidence expertise and electronic documents in court proceedings.

scholarly journals LEGAL ISSUES FOR ELECTRONIC DOCUMENTS WORKFLOW REGULATION

2020 ◽  
Vol 12 (1) ◽  
pp. 293-318
Author(s):  
Ainur K. Kussainova ◽  
Duman O. Kussainov ◽  
Bolat S. Zhumagulov ◽  
Zhomart K. Simtikov ◽  
Baurzhan O. Zhangutin
Keyword(s):  
Legal Regulation ◽  
International Standards ◽  
Document Management ◽  
Electronic Document ◽  
Electronic Documents ◽  
General Law ◽  
Separate Branch ◽  
Electronic Document Management ◽  
Document Flow ◽  
Information Interchange

Purpose ”“ The main purpose of the paper is to analyze the problems of legal regulation of relations in the field of electronic document management. Methodology/approach/design ”“ The paper employs methods of comparative law and analytical, which determine the possibility of integrating international standards for the regulation of electronic document flow. Findings ”“ Electronic document flow is becoming an integral part of the most diverse areas of economic activity of any enterprise. The document flow contains elements of the general law of regulation and reaffirms the necessity of following specific instructions. Its electronic form allows the information interchange between subjects of economical and legal activity. This defines the possibility of the formation of a separate branch of legal regulation in the document flow. The possibility of the structuring and correlation of an informational and another branch of the law for the aim of complex usage of an electronic document flow is viewed as a separate aspect. Practical implications ”“ Material of the article may be useful in matters of regulation of the legislative system of document management. Originality/value ”“ The novelty of the study is that the article examined in detail the mechanism of electronic document management in different countries.

scholarly journals ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS

2020 ◽  
Vol 30 (4) ◽  
pp. 561-567
Author(s):  
A.A. Nasonov ◽  
R.Yu. Malueva
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Electronic Materials ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Electronic Documents ◽  
Legal Proceedings ◽  
Legal High

The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.

ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA

2020 ◽  
Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Sequential Analysis ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Private International Law ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Research Activities ◽  
Civil Proceedings

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.

scholarly journals International legal regulation of transnational cybercrime in cyberspace

2021 ◽  
Vol 66 ◽  
pp. 276-283
Author(s):  
V.V. Popko ◽  
E.V. Popko
Keyword(s):  
Legal Regulation ◽  
International Criminal Law ◽  
Council Of Europe ◽  
Computer Data ◽  
Transnational Organized Crime ◽  
Normative Documents ◽  
Computer Tools ◽  
Universal Instrument ◽  
Characteristic Features ◽  
Terrorist Acts

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

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