Use of electronic evidence by refugees in civil procedure

2021 ◽  
pp. 133-139
Author(s):  
Olena Kalashnyk ◽  
Daryna Sagan
Keyword(s):  
Practical Significance ◽  
Electronic Evidence ◽  
Existing Problems ◽  
Telecommunication Systems ◽  
Civil Proceedings ◽  
Proof Procedure ◽  
Court Proceedings ◽  
Scientific Results ◽  
The One ◽  
Logical Semantic

Purpose. The purpose of the article is to analyze the current legislation that regulates the submission of refugees to court and the study of electronic evidence by courts in civil proceedings, outline the existing problems of using electronic evidence in court proceedings and analysis of court practice of electronic evidence. Methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, logical-normative. Results. The study found that the use of electronic evidence, on the one hand, has simplified the proof procedure for refugees, but on the other hand, problems remain. Scientific novelty. In the course of the research it was established that for the full use of electronic evidence in Ukraine it is expedient to refine the information and telecommunication systems of courts, to provide courts with appropriate material and technical base, which would allow unhindered research of electronic evidence. Practical significance. The significance of the study is determined by the fact that the scientific results provide a basis for improving the legislation on the use of electronic evidence by refugees in Ukraine.

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 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.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

scholarly journals Problems of European civil proceedings

2021 ◽  
Vol 39 (3) ◽  
pp. 123-126
Author(s):  
O. A. Derbisheva ◽  
Keyword(s):  
Research Methods ◽  
Civil Procedure ◽  
Comparison Analysis ◽  
Existing Problems ◽  
European Court ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Domestic Legislation ◽  
Court Proceedings ◽  
Theoretical Foundations

. The topic of this article is devoted to the analysis of the problems of European civil proceedings. The author of this article has studied the theoretical foundations and regulatory framework related to this issue. The purpose of this work is to study the theoretical and practical aspects of European civil proceedings, identify existing problems and search for possible solutions. Methodological basis: The article discusses the main directions and branches of the branch of the European civil procedure. During the research, methods of observation, generalization, comparison, analysis were used. Results: In the course of the work, the system of European court proceedings in civil cases was studied. The conducted research has revealed the problems existing in the system of the European civil procedure. Research implications: The study of the directions and branches of the branch of the European civil procedure and the practice of its application can serve as a tool for improving the current domestic legislation, and identifying problems existing in foreign countries will help prevent the adoption of irrational and unnecessary legal acts.

scholarly journals Participation of Third Parties not Making Independent Claims Regarding the Subject Matter of the Dispute in Civil Proceedings in the Light of Procedural Economy

2021 ◽  
Vol 16 (5) ◽  
pp. 98-113
Author(s):  
D. A. Guziy
Keyword(s):  
Subject Matter ◽  
Third Parties ◽  
Promising Technique ◽  
Civil Proceedings ◽  
Settlement Agreement ◽  
The Subject ◽  
Court Proceedings ◽  
The One ◽  
Joint Consideration ◽  
Judicial Protection

The author explores the issue of participation of third parties not making independent claims regarding the subject matter of the dispute in the context of achieving procedural efficiency in civil proceedings. It is noted that the current rules of civil and arbitration procedural legislation concerning third parties that do not make independent claims regarding the subject matter of the dispute are imperfect and, on the one hand, they have some potential to ensure the true implementation of the principle of procedural economy, and, on the other hand, to enhance the effectiveness of civil proceedings and the scope of safeguards applied to secure judicial protection. Joint consideration and resolution of principal and recourse claims may be treated as a key and promising technique in this regard. The author, using various methodological techniques, conducts a critical analysis of the domestic doctrine and legislation of pre-revolutionary, Soviet and modern periods, and examines foreign experience on the subject at hand. The paper substantiates the conclusion about the possibility and expediency of joint consideration and resolution of the principal and recourse claims. It proposes to apply a mechanism for considering such claims jointly with due regard to the balance of interests of persons involved in the case. It is also noted that in a number of cases it is expedient to consider the principal and recourse claims in separate court proceedings. Summing up, the author expresses the opinion that the expansion of the judicial activity of the judicial activity should be permissible not only in the case of approval by the court of the settlement agreement, but also when the judicial activity results in making a court decision. In conclusion, it is noted that the mechanism of joint consideration and resolution of principal and recourse actions proposed by the author does not infringe the safeguards of civil procedural form and allows us to eliminate “defeat in rights” for the principal respondent (regredient).

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Schweizer Wald als Geldanlage: Win-win-Strategie für Waldwirtschaft und Pensionskassen? (Essay) | Swiss forest as an investment opportunity: a win-win situation for both the forestry sector and pension funds? (Essay)

2011 ◽  
Vol 162 (2) ◽  
pp. 27-31
Author(s):  
Daniel Häuptli
Keyword(s):  
Value Chain ◽  
Pension Fund ◽  
Pension Funds ◽  
Literature Analysis ◽  
Forest Land ◽  
Investment Opportunity ◽  
Existing Problems ◽  
Monetary Value ◽  
Forestry Sector ◽  
The One

Could there be a win-win situation for both pension funds and the Swiss forestry sector? On the one hand, developments in the forestry sector suggest that the Swiss forest presents a new lucrative investment opportunity. If this is so, then pension funds could be particularly interested, as the low correlation between Swiss forest and other classes of investment, and the long investment periods involved are ideal for pension fund portfolios. On the other hand, large investments made by pension funds could mean that existing problems in Swiss forestry, in connection with its fragmented nature, could be more rapidly solved, and the potential for rationalization in the wood value chain could be fully realized. This would in turn make investments in the forest even more profitable. This hypothesis was investigated through a comprehensive literature analysis, yield calculations for private forestry enterprises of over 50 ha made by the Swiss Federal Office for Statistics 2004–2008, and an interview with the investments director of a large Swiss pension fund. Despite the optimistic assumption that the greater efficiency gained by the investment of pension funds into the forestry sector could lead to costs lower by 50% and a 20% increase in profits, the hypothesis must be rejected, because a calculated annual return of only 0.82% is too low for pension funds. The conclusion is that the price for forest land is high, and forest owners are not only interested in the monetary value of holding forest. Other immaterial values influence prices. It is suggested that a greater emphasis on socioscientific studies concerning the link between the price of forest land and the motivation to buy and sell forest could lead to some important findings.

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.

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

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