Digital Evidence in Russian and US Civil Procedure: Comparative Analysis

This graduate paper is aimed at examining an institution of digital evidence in civil procedure of the Russian Federation and the USA, determining issues, connected with use of digital evidence in civil procedure and determining how to facilitate better apprehension and implementation of institutions concerning digital evidence that exist in Russian legislation in order to solve existing issues and which mechanisms need to be reviewed and amended. The main objectives of the paper are defining digital evidence and defining types of digital evidence as well as determining peculiarities of use of digital evidence in civil procedure which arise when digital evidence is being investigated or when its admissibility is being elicited. Another objective is comparative analysis of legislation, doctrine and case law of the Russian Federation and the USA as well as making recommendations for amending legislation in the Russian Federation in order to solve existing issues. In this paper the term digital evidence was defined, classification of digital evidence was suggested, main issues connected with investigating digital evidence and determining admissibility of digital evidence in civil procedure of the Russian Federation and the USA. Common problems that arise in both countries are lack of possibilities and mechanisms to determine if digital evidence was altered as well as the fact that it is relatively easy to alter digital evidence. Problems that arise with use of digital evidence in the Russian Federation are the fact that evidence in civil procedure code are an exhaustive list, which complicates the use of new types of digital evidence, absence of reference to possible ways to determine credibility of digital evidence, absence of special regulation of admissibility and investigation of digital evidence that would consider peculiarities of digital evidence. This paper suggests amendments to Russian legislation for the purpose of solving some of the problems listed above.