Pavlova Y. Electronic document as a source of evidence in civil proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003673

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

06-07-2019

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

"The thesis is the first special comprehensive study of an electronic document in the science of civil procedural law of Ukraine as a source of evidence in civil proceedings. The dissertation examines the experience of using different sources of information in the process of proving in the historical retrospective. The historical and legal preconditions of the electronic evidence acquisition of the features of independent sources of evidence are revealed. There has been determined the legal nature of electronic evidence, its concept, features and properties, the ratio of electronic evidence with related concepts and its place in the system of means of proof. There has been differentiated variety of electronic evidence and carried out their classification. The nature of the electronic document and its place among other types of electronic evidence are revealed. The concept and features of electronic documents are determined, their main types of them are considered. The structure of the electronic document and its components, the interrelations between them are considered. The procedural significance of the electronic signature and other requisites of electronic documents are determined. The problems of collection and procedural consolidation of electronic documents during the consideration of civil cases are considered. There has been examined specifics of research and evaluation of electronic documents in civil legal proceedings of Ukraine. The peculiarities of application of Ukrainian civil procedural norms in the part of use of electronic documents in court practice are determined. There has been developed scientifically based proposals and recommendations aimed at improving the civil procedural legislation in the field of collecting, researching and evaluating electronic documents during considering the civil cases."

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