LEGAL REGULATION OF ELECTRONIC EVIDENCE ON THE LATEST ECONOMIC PROCEDURAL LEGISLATION OF UKRAINE: PROBLEMS AND PERSPECTIVES
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 7
Abstract
In the course of writing the article, the author analyzed the latest procedural legislation, as well as the draft laws that were still at the stage of consideration by the Verkhovna Rada, as a result of which revealed the problem aspects in regulating the legal status of electronic documents as evidence in the consideration of commercial cases by the courts. The scientific novelty of the work is that on the basis of scientific achievements and legislation the research of electronic means of proof was introduced, introduced by the new wording of the Commercial Procedural Code of Ukraine, in which, at the doctrinal level, the theoretical positions regarding these evidence were substantiated, the peculiarities of their application were determined, proposals on improvement were developed. the relevant economic procedural legislation. As a result of a study on the legal regulation of electronic evidence, a number of gaps in the new edition of the Code of Civil Procedure of Ukraine were established under the new Ukrainian procedural law. Among them, it is possible to distinguish a large number of blanket norms, sent to legislative regulation, which does not exist. In addition, there were conflicts between the provisions of the new edition of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Digital Signature". Such imperfection of legal regulation in this area is due to the lack of experience in the regulation of electronic evidence and the almost complete lack of research on the subject, since the Institute of Electronic Evidence is new to the economic process. Until then, the separate resolutions of the newly created Supreme Court do not provide the opportunity to form a permanent judicial practice, which in turn directly affects the level of efficiency of economic justice in general.
Authors and Affiliations
Olga Lytvynenko
Keywords
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- EP ID EP580552
- DOI 10.25313/2520-2308-2018-7-4113
- Views 128
- Downloads 0
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