ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA

2020 ◽  
Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Sequential Analysis ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Private International Law ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Research Activities ◽  
Civil Proceedings

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

scholarly journals Electronic evidence as a means of evidence in civil proceedings

2020 ◽  
pp. 215-219
Author(s):  
Iryna Tatulych
Keyword(s):  
Information Technologies ◽  
Civil Justice ◽  
Telecommunication System ◽  
Electronic Evidence ◽  
Procedural Law ◽  
Relevant Evidence ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Electronic Copy ◽  
Constitutional Right

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice. Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System. In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

On the Concept of Electronic Evidence and the Criteria for Their Admissibility

2021 ◽  
pp. 44-49
Author(s):  
Olga V. Zheleva ◽  
Keyword(s):  
Information Technologies ◽  
Digital Evidence ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Systemic Analysis ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Mandatory Participation

The article discusses the development of digital technologies in criminal proceedings and the process of proving in criminal cases in the era of global digitalization. Among the aspects that make this theme relevant are the dynamic development of information technologies, the conservatism and tradition of the criminal process, and the lack of proper regulation on this issue. The author aims at defining the concept of “electronic evidence”, specifying the list criteria for electronic evidence admissibility in Russian and foreign practice, and establishing the specifics of collecting evidence. The research methodology includes general and private methods of cognition: dialectical, formal-logical, comparative-legal, systemic, analysis and synthesis. The article provides an analysis of various perspectives of electronic evidence: electronic evidence is physical evidence; electronic evidence as belonging to other documents; electronic evidence as information in an electronic digital format obtained from a person, object or process and recorded on any material medium. The author adheres to the fourth position, according to which electronic evidence is an independent type of evidence, with its special form, media, mechanism of formation, and method of transformation into evidence. Providing examples of the use of electronic evidence in the Russian and foreign law enforcement practice, the author indicates their advantages and disadvantages and emphasizes that the complex storing, processing and transmitting digital information in an unchanged form determines the criteria for electronic evidence admissibility. Like other types of evidence, electronic one must meet the criteria of reliability, admissibility, and relevance. In addition, digital evidence should be subject to identification, authentication, verifiability, be complete (immutable) and reproducible. In conclusion, the author dwells on the peculiarities of collecting evidence, which should be enshrined in criminal procedural legislation: a) compliance with the general principles of collecting evidence; b) mandatory participation of a specialist; c) no actions causing a change in digital evidence before and during its collection; d) documenting all actions related to the collection, storage, access or transfer of digital evidence; e) responsibility of an official working with electronic evidence for all activities with it; e) ensuring the proper transmission or transportation of digital evidence, as well as appropriate conditions for its storage, depending on the category of information it contains.

scholarly journals Electronic document flow as evidence in civil proceeding: evaluation features and application problems

2021 ◽  
Vol 109 ◽  
pp. 01039
Author(s):  
G.V. Stankevich ◽  
I.M. Vilgonenko ◽  
Y.N. Slepenok ◽  
O.M. Litvishko
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Document ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Procedural Code ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Document Flow ◽  
Definition Of

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Special Rules

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

scholarly journals SOME PROBLEMS OF USING THE FACIAL RECOGNITION SYSTEM IN LAW ENFORCEMENT ACTIVITIES

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 189-200
Author(s):  
Василий Васильевич ЯРОВЕНКО ◽  
Галина Михайловна ШАПОВАЛОВА ◽  
Ринат Альбертович ИСМАГИЛОВ
Keyword(s):  
Face Recognition ◽  
Law Enforcement ◽  
Information Technologies ◽  
Facial Recognition ◽  
Recognition System ◽  
State Regulation ◽  
Private Life ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Facial Recognition System

The article draws attention to the problems of the use of modern software and hardware tools and methods of facial fixing and recognizing by law enforcement agencies. In using various techniques aimed at obtaining information on a person’s physiological and biological characteristics, it is important to respect not only his or her right to protect the data, but also state interests in combating crime (terrorism, corruption). Important factors are state regulation and the development of norms for the effective use of information technologies, telecommunications and artificial intelligence technologies so that citizens do not doubt their effectiveness and legitimacy. Purpose: to analyze current problems of combating crime; to submit proposals for improving the application of the facial recognition system, and the establishment by the Ministry of Internal Affairs of a single biometric database of Russians with the strictest compliance with citizens' constitutional rights to privacy, reliable protection of their personal data. Methods: the authors use empirical methods of comparison, description, interpretation as well as theoretical methods of formal and dialectical logic. Results: the study reveals the problems of using the facial recognition system, the advantages and disadvantages of the system are analyzed. On the one hand, in the Russian Federation there are no clear instructions and an algorithm for the use of face-recognition cameras, which would satisfy society’s requirements to protect private life and personal and family privacy. On the other hand, face-recognition cameras can assist law enforcement authorities in locating wanted persons and detecting (solving) crimes.

scholarly journals Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development

2021 ◽  
Vol 21 (2) ◽  
pp. 215-222
Author(s):  
Daria A. Kondrashchenko ◽  
Keyword(s):  
Video Surveillance ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Voting ◽  
Federal Law ◽  
Electoral Process ◽  
Important Place ◽  
Advantages And Disadvantages ◽  
The Russian Federation

Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.

DIGITALIZATION IN THE TRENDS OF LEGAL REGULATION AND LAW ENFORCEMENT AT THE PRESENT STAGE

2020 ◽  
Vol 10 (3) ◽  
pp. 170-176
Author(s):  
DENIS SHEPELEV ◽  
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Legal Status ◽  
National Level ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Proceedings ◽  
Legal Obligations ◽  
Digital Processes ◽  
Subjective Rights

The purpose of the research presented in this article is to study the prospects for the development of legal institutionalization of digital technologies in the context of public policy. This involves solving such research tasks as analyzing international requirements and trends in the legal regulation of digital processes and law enforcement, identifying problems and prospects of legal regulation in the context of digitalization, as well as describing trends in the development of law enforcement practice in the context of digitalization. The study made it possible to note a number of conclusions. The author notes that international requirements and trends in the legal regulation of digital processes and law enforcement create standards for the introduction of information technologies in public administration and the economy. Improving the competitiveness of domestic jurisdictions is one of the areas that reflect the effectiveness of measures to introduce digital technologies applied at the national level. Identification of problems and perspectives of legal regulation in the conditions of digitization has allowed the author to note that in the current circumstances, it is evident the further development of the recognition of digital technologies and actions as legal facts, identification of subjects, bases and procedure for the implementation of subjective rights and legal obligations in the information environment. It is emphasized that in the future it is necessary to solve questions about intellectual property, the legal status of artificial intelligence as an object of legal relations. As trends in the development of law enforcement practice in the context of digitalization, it is noted that we should expect the continuation of measures to digitalize legal proceedings, which require organizational decisions, including identification of the parties to the process, certification of credentials, obtaining certified judicial acts remotely. In the sphere of activity of Executive authorities, the introduction of electronic methods of exercising power for the provision of state and municipal services, as well as the implementation of state and municipal functions, continues.

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