FEATURES OF REGULATORY AND LEGAL REGULATION AND LEGAL NATURE OF ELECTRONIC EVIDENCE IN ECONOMIC JURISDICTION

Abstract

Abstract. The scientific article examines the legal nature, concept and features of the regulatory and legal regulation of electronic evidence in commercial litigation. Electronic evidence, due to its specific form of receipt and fixation, is an independent means of proof and represents information in digital (electronic) form containing data on circumstances that are important for the case, namely, electronic documents (including text documents, plans, graphic images, photographs, video and sound recordings, etc.), text, multimedia and voice messages, websites (pages), metadata, databases and other data in electronic form. These data can be stored, in particular, on portable devices (memory cards, mobile phones, etc.), backup systems, servers, other places of data storage in electronic form (including the Internet).Granting electronic evidence an independent status will contribute to a complete, comprehensive and objective clarification of the circumstances of the case, the implementation of tasks and basic principles of commercial litigation.Based on our analysis, we highlight a number of features of electronic evidence: electronic evidence does not have a material form; software and technical devices are required to study electronic evidence; the presence of a technical medium; a special process of creating and storing information; the presence of an object that contains encoded information, etc. We also analyzed the theoretical and practical applications of electronic evidence in commercial litigation.The procedure for collecting, recording, and studying electronic evidence is considered and current judicial practice is analyzed. In addition, the article considers the issues of admissibility and appropriateness of such evidence and its use in the process of proving. As a result of the study, a number of practical problems of using electronic evidence in practice have been identified, because at the present stage the legislator has limited himself only to the general rules for the use of electronic evidence, and therefore there is a need for clearer legislative regulation of the procedure for collecting, processing, submitting, studying, and evaluating electronic evidence by the court. Hence, the judicial practice of recognizing the aforementioned evidence as admissible and relevant remains controversial.