Inclusion of electronic correspondence and audiovisual materials in legal proceedings

Abstract

The article discusses the mechanisms for the inclusion of electronic evidence (messengers, audio recordings, video materials, digital correspondence) in civil and arbitration proceedings. The relevance is associated with the rapid increase in digital communication and the need to agree on the evidentiary status of such information. The novelty of the work consists in the comparative study of court decisions, which enables to identify the heterogeneity of practice and the factors influencing the recognition of correspondence or recordings as convincing evidence. The study describes the legal instruments for recording digital data, examines materials on the examination of the authenticity of audio and video evidence, notarization, and inspection of messengers. Particular attention is paid to assessing the legality of such evidence and respect for the rights of interlocutors. The study aimed to formulate the principles of admissibility of electronic files and determine methodological techniques to reduce judges’ doubts when considering materials. An analysis of legislation, judicial practice and scientific literature was conducted to solve the problems. The conclusion presents an overview of the findings comprising the conditions for the use of such evidence.