The object of research of the dissertation is the social relations arising in the course of application of electronic evidence in administrative proceedings.
The purpose of the work is to provide a comprehensive analysis of the theoretical and practical aspects of the use of electronic evidence in administrative proceedings, taking into account the provisions of current legislation and judicial practice, to develop scientifically sound recommendations and proposals for improving current legal acts related to the regulation of the legal status of electronic evidence, and to determine the prospects for implementing foreign experience in this area.
The methodological basis of the study is the integrated application of general scientific and special methods of scientific knowledge in their interconnection, which were chosen taking into account the purpose and objectives of the dissertation research, its object and subject.
The application of the dialectical method made it possible to identify the relationship between electronic evidence and other types of evidence, to identify the key features of electronic evidence, and to study the types of electronic evidence. The systemic-structural and systemic-functional methods contributed to the disclosure of the essence of proof in administrative proceedings, as well as to determining the place of electronic evidence in the structure of proof. The use of historical and comparative legal methods made it possible to study the genesis of electronic evidence as an independent means of proof in different legal systems to the fullest extent possible. In order to systematise the empirical material and obtain theoretical results and practical conclusions to achieve the research goal and objectives, the author used the methods of induction, deduction and heuristic questions.
As a result of the study, a number of scientific provisions, conclusions and recommendations have been formulated, in particular:
for the first time:
- the author's definition of the concept of "official electronic document" is proposed, which should be considered as "an electronic document created, signed and/or certified by an authorised person or body in accordance with the procedure established by law, which has legal force and signs of authenticity, integrity and immutability, confirmed by an electronic signature or other appropriate authentication mechanisms";
- the necessity of amending the Laws of Ukraine "On Electronic Documents and Electronic Document Management" and "On Notaries" with a view to introducing notarisation as a new way of recording electronic evidence is substantiated;
- the practice of using typical means of proof in certain categories of administrative cases has been identified and summarised. It is substantiated that this type of evidence may contribute to the development of precedent-setting approaches which will eventually have a positive impact on the process of submission and evaluation of electronic evidence;
has been improved:
- the scientific understanding of the importance of the process of proving in administrative proceedings, which is considered in the context of its ability to ensure a logical and efficient course of events leading to the proper result;
- the key criteria for the admissibility of evidence in administrative proceedings, which include: a proper source of evidence; compliance with the procedure established by law for collecting, recording, processing and presenting evidence; no restrictions on the use of certain information as evidence; direct connection of evidence with the circumstances of an administrative case; respect for fundamental human rights and freedoms during the receipt of evidence;
- a list of the main features of the reliability of evidence in administrative proceedings, which include: objectivity; consistency; completeness; identification; verification; reliability of the source; compliance with the procedure; certification. It is substantiated that the absence of at least one of these features may lead to doubts about the reliability of evidence;
- scientific ideas about the content of sufficiency of evidence. It is proved that the sufficiency of evidence in administrative proceedings is formed by three elements: a set of evidence; its persuasiveness; and its relation to a particular circumstance;
- understanding of the assessment of electronic evidence as a mental and procedural activity of the court and participants to an administrative case aimed at forming a final conclusion on confirmation or refutation of the facts to be proved by means of electronic evidence.
