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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Ilia Zelenianskii
Admissibility of Digital Evidence in Civil Legal Proceeding
Jurisprudence
(Bachelor’s programme)
10
2019
In this graduate qualification work, it is proposed to consider the problem of the admissibility of digital evidence in civil legal proceeding (in the light of the existing controversial issues in this area), taking into account judicial practice and scientific literature, the opinions of scientists on the designated topic, as well as critically comprehend this material, and offer own vision of these issues from the standpoint of practical applicability.

It is possible to outline several topical issues, which are connected with the problem of the admissibility of digital evidence in civil legal proceeding:

1. The legal nature of digital evidence (this question is about what digital evidence is from the point of view of law, and whether they are reducible to existing means of proof or not).

2. Admissibility of digital evidence:

a. Restriction of admissibility by law under art. 75 of the APC (this question concerns the interpretation of Article 75 of the APC as allowing for its ambiguous understanding and application and, as a result, limiting the use of digital evidence ‒ first of all, by law).

b. Contractual regulation of admissibility under art. 75 of the APC (here it is possible to discuss three problematic moments arising from this issue: is it possible to establish a different mode of examining of digital evidence by agreement; does the agreement on the admissibility of digital evidence have its legal effect to non-parties of such agreement, but persons involved in the case; and why the exception was made only for digital evidence, but not for all).

The solution of these controversial issues will help bring clarity and legal certainty to the activities of the persons involved in the case on the presentation of digital evidence, as well as the court on their assessment and establishing the truth of the case.

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