Chvankin S. «Information technologies in proving in civil proceedings: theoretical and practical aspects»

The dissertation is the first in the national science of civil procedural law special complex research of theoretical and practical problems of introduction the information technologies in proving in civil process of Ukraine in the conditions of the updated civil procedural legislation and globalization processes. In the dissertation justified that the main criterion of introduction of information technologies in judicial proceedings is their influence on realization of principles and tasks of civil judicial proceedings. The division of spheres of use of information technologies in judicial proceedings into those related to the development of initiative, will in the process, and areas that should be implemented independently of the will of the participants in the trial is substantiated. It has been established that video broadcasting of court hearings, increasing the implementation of the principle of publicity, can violate the rights of participants in the process of personal data protection and privacy, complicate the evaluation of witness testimony and carry the risk of wasting money on broadcasting and storing unjustified video files. The division of electronic evidence was carried out on the following grounds: 1) by source of receipt; 2) the form of expression (reproduction) of evidentiary information that can be perceived by a person; 3) by the nature of the content. It is proposed to divide the documents used as evidence in civil proceedings, according to the form of existence, into three types: material; electronic and combined. It is proved that the admissibility of electronic evidence is affected not only by the legality of access to the relevant evidence, but also the compliance of the evidence collection procedure, that is methods of handling electronic evidence, which exclude any errors, changes in metadata information. The presumption of authenticity of electronic evidence has been proved, according to which electronic evidence must be suitable for control and understandable. It has been proven that metadata should not be considered as a separate electronic proof, but as an integral part of another electronic proof, that they describe. Scientifically substantiated offers have been developed to improve the legal regulation of the introduction of information and telecommunications technologies in civil proceedings, in particular, court proving.