Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

Authors

  • Artur G. Kravchenko Far Eastern Federal University, Russian Customs Academy
  • Aleksey I. Ovchinnikov South Federal University, Russian Presidential Academy of National Economy and Public Administration
  • Andrey A. Romanov Far Eastern Federal University image/svg+xml
  • Tatiana Yu. Kareva Far Eastern Federal University image/svg+xml

DOI:

https://doi.org/10.33975/riuq.vol34nS3.1073

Keywords:

securing evidence, digital traces, digital documents, notary public, notarial services

Abstract

The current study is mainly devoted to the analysis of the current Russian legislation and the emerging notarial and judicial practice in the field of providing electronic evidence, the features and problems of procedures for their notarization, the relevance and admissibility of electronic evidence in civil law disputes in courts of general jurisdiction and arbitration courts as a factor in stabilizing civil law turnover carried out in information and communication formats (digital economy). Moreover, the study considers the problems of legal recording electronic traces while noting the most significant aspects of this recording of the evidence and formulating recommendations for notaries and parties to judicial disputes. To that aim, a range of general scientific methods, including observational, descriptive, and qualitative approaches, are used. Based on the results, the Russian regulatory system must have mechanisms for fixing traces of such civil activity to use them as evidence in civil and arbitration disputes.

Downloads

Download data is not yet available.

Author Biographies

  • Artur G. Kravchenko, Far Eastern Federal University, Russian Customs Academy

    PhD in legal sciences, associate professor, Head of the department of civil law and procedure, Law school, Far Eastern Federal University, Associate Professor of the Department of Civil Law Disciplines Vladivostok Branch of the Russian Customs Academy

  • Aleksey I. Ovchinnikov, South Federal University, Russian Presidential Academy of National Economy and Public Administration
    Doctor of Legal Sciences, Professor - Head of the Department of Theory and History of State and Law of the South Federal University, Professor of the Department of Theory and History of Law and State of the Russian Presidential Academy of National Economy and Public Administration
  • Andrey A. Romanov, Far Eastern Federal University

    Senior Lecturer, Department of Civil Law and Procedure, Law School, Far Eastern Federal University

  • Tatiana Yu. Kareva, Far Eastern Federal University

    PhD in legal sciences, Associate Professor, Department of Civil Law and Procedure, Law School, Far Eastern Federal University

References

Blanchette, J. F. (2012). Burdens of proof: Cryptographic culture and evidence law in the age of electronic documents. MIT Press.

Golubeva, N., & Drogoziuk, K. (2019). Web-page screenshots as an evidence in civil procedure of Ukraine. Masaryk UJL & Tech., 13, 87.

Goncharova, M. V., Smirenskaya, E., Strokina, M., & Didenko, O. (2019). Electronic notary: The development of juridical on-line services in modern Russia. In Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT (pp. 229-237). Springer, Cham.

Kashanin, A., & Churakov, V. (2021). Issue on “Small” and Indisputable Cases in Russian Courts. Global Jurist, 21(1), 273-303.

Nakhova, E. A. (2022). The comparative analysis of the law of evidence in civil proceedings in France and Russia. Вестник Санкт-Петербургского университета. Право, 13(1), 257-270.

Polina-Stashevskaya, A. L. (2022). Some Issues of Proof in Insurance Disputes in the Conditions of Digital Transformation of Law in Russia. In New Technology for Inclusive and Sustainable Growth (pp. 85-91). Springer, Singapore.

Rusakova, E. P., Frolova, E. E., & Gorbacheva, A. I. (2020, March). Digital rights as a new object of civil rights: issues of substantive and procedural law. In 13th International Scientific and Practical Conference-Artificial Intelligence Anthropogenic nature Vs. Social Origin (pp. 665-673). Springer, Cham.

Rusakova, E. P., & Frolova, E. E. (2019, October). Procedural aspects of proof in China’s internet courts: opportunities for receiving BRICS jurisdiction. In Institute of Scientific Communications Conference (pp. 1598-1605). Springer, Cham.

Smirenskaya, E., Kalashnikova, N., Osadchenko, E. O., & Tokarev, D. A. (2019). Electronic notary in modern Russia: A new juridical significant form of documents. In Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT (pp. 195-203). Springer, Cham.

Tarakanov, V. V., Inshakova, A. O., & Dolinskaya, V. V. (2019). Information society, digital economy and law. In Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT (pp. 3-15). Springer, Cham.

Tokarev, D. A., Usanova, V. A., Kagalnitskova, N., & Sandalova, V. A. (2019). Development of E-justice in Russia: Modernization of legal regulation and deepening of scientific research. In Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT (pp. 215-222). Springer, Cham.

Voznesenskaya, L. N. (2022). Impact of UP-TO-DATE Technologies on Efficiency of Corporate Disputes Examination in the Russian Federation. In New Technology for Inclusive and Sustainable Growth (pp. 249-259). Springer, Singapore.

Yakupov, A. G., Kirillova, E. A., Okriashvili, T. G., & Pavlyuk, A. V. (2020). Legal status, role and features of electronic document management. Utopia y Praxis Latinoamericana, 25(12), 178-186.

Downloads

Published

2022-11-29

Issue

Section

Original Article

How to Cite

Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes. (2022). Revista De Investigaciones Universidad Del Quindío, 34(S3), 232-243. https://doi.org/10.33975/riuq.vol34nS3.1073

Most read articles by the same author(s)