JUDICIAL EVIDENCE AND THEIR FORM IN THE CIVIL PROCESS OF UKRAINE: PROSPECTS FOR CHANGES IN THE STRUCTURE

Abstract

The article is devoted to judicial evidence and its form in the civil process of Ukraine. It is established that the form of evidence, in a broad sense, is a means of proof. The 2017 reform significantly expanded the range of means of proof in civil proceedings, and also provided an opportunity to submit written and electronic evidence in electronic form. The evolution of means of proof has a tendency to modernization, to bring them closer to modern realities, in particular with regard to confirming the authenticity of electronic evidence. Courts distinguish between electronic documents and electronic evidence; the latter do not necessarily have to be signed with an electronic signature. The consideration of the originals of electronic evidence by their location is increasingly used. Changes can also be seen in other means of proof: the limited use of affidavits has been introduced, the participants in cases have been given the right to independently order expert opinions. The lack of unity of judicial practice in issues related to estimation of electronic messages, as well as the procedure for researching information in web resources, was revealed. In view of this, the participants in the cases are recommended to initiate a review of the web pages at their location; if possible, provide the court with originals of electronic evidence; pay attention to circumstances that can confirm the authenticity of electronic evidence in the form of a letter or message. A promising direction is the expansion of cases where the use of affidavits is allowed. In addition, the legislation must define the possibility of using and the evidentiary value of an expert’s opinion prepared in another case. It is also necessary for the Supreme Court to prepare an up-to-date generalization of the practice of using electronic evidence, to ensure the unity of such practice, and to implement the legal conclusions of the Supreme Court directly into the text of the articles of the Code of Civil Procedure of Ukraine regarding electronic evidence.