The Principle of Immediacy and the Source of Electronic Evidence

Abstract

The text deals with the problem of defining the concept of “source of evidence” in the context of the use of electronic evidence in civil proce dure. The author notes that in the Russian science of civil procedure there is no clear definition of this concept yet. In foreign scientific works the source of electronic evidence is understood as a physical, analog or digital device capable of creating or storing information. However, in the author’s opinion, such a definition does not answer the question of what exactly the court needs to investigate. The author proposes to consider an electronic medium, such as a file or a web page, as the primary source of electronic evidence. This will allow to adapt the principle of immediacy to the modern conditions of consideration of civil and administrative cases. The text also raises the question of how exactly the court can examine electronic evidence. The author points out two ways: referring to the primary source or researching means of reproduction of evidence. A clear understanding of what exactly is the source of electronic evidence will allow to distinguish between these ways and develop rules for the study of electronic evidence.