Digital evidence in judicial practice evidencia digital en la práctica judicial

AutorGuzel A. Valeeva - Nikita N. Makolkin
CargoFaculty of Law, Kazan Federal University, Kazan, Russia, E-mail: GAValeeva@kpfu.ru - Faculty of Law, Kazan Federal University, Kazan, Russia, e-mail: nikita.makolkin@gmail.com
Páginas154-161
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 07 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
154
DIGITAL EVIDENCE IN JUDICIAL PRACTICE EVIDENCIA
DIGITAL EN LA PRÁCTICA JUDICIAL
Guzel A. Valeeva1
Nikita N. Makolkin,2
Abstract: In this study, the authors
consider digital evidence through the
prism of implementing the idea of e-
justice. The authors suggest that there is a
need to regulate by law the rules for
determining the admissibility and
reliability of evidence, as well as to
determine the range of possible actions
and powers of the court and participants in
the process when studying digital
evidence.
Keywords: evidence, digital evidence,
written evidence
Introduction
Administering law in the form of
the civil, arbitration and administrative
proceedings today involves the study of
evidence, including digital, using
advanced information technology for this
purpose in the manner prescribed by law.
1 Faculty of Law, Kazan Federal University, Kazan, Russia, E-mail: GAValeeva@kpfu.ru
2 Faculty of Law, Kazan Federal University, Kazan, Russia, e-mail: nikita.makolkin@gmail.com
At the same time, both in legal
doctrine and in law-enforcement practice,
an aura of disputes and discussions arose
around the legal nature and the very
essence of digital evidence. It is important
to note that in legislation, in periodicals,
and in international practice there is no
single concept describing the essence of
this type of evidence. This state of affairs
leads to the fact that the idea that they are
separate and independent in a number of
means of proof becomes more widespread,
and, accordingly, the need for special legal
regulation arises.
Taking into account the presence
of this uncertainty, this work is aimed at
studying how digital evidence is regulated
in the jurisdictions of some states in the
sphere of the judicial process.
Methods

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