ДОКАЗОВЕ ЗНАЧЕННЯ ДАНИХ З ЕЛЕКТРОННИХ ПОВІДОМЛЕНЬ У ЦИВІЛЬНОМУ СУДОЧИНСТВІ

This scientific article describes the procedural order and features of the use of electronic messages in the process of judicial proving in civil proceedings of Ukraine. It was found out the types of electronic messages that can be used as a source of evidence, depending on the means of their transmission and the form of transmission of information in the electronic message. The difference between an electronic message and an electronic document was characterized and an assessment was made of the value of an electronic signature on an electronic message and its impact on the legal force of an electronic message as electronic evidence in civil proceedings of Ukraine. It was substantiated that in cases of objections on the part of the trial regarding its participation in electronic correspondence, judicial proving of this fact is quite a difficult task and requires a lawyer to take a careful approach to the formation of the evidence base. The range of court evidence that can be used by litigants to identify participants in electronic correspondence using cellular communications, mobile messenger applications, e-mail and social networks was outlined. The basic rules for the distribution of the burden of proving the circumstances related to the identification of participants in electronic communication between the parties to the lawsuit are defined. The peculiarities of judicial proof of belonging of a telephone number, e-mail box, social network account to a specific person have been established. The basic rules for the use of private electronic messages in the process of judicial proving are given, given the need for the court to respect the rights of participants in electronic correspondence to privacy. The list of persons whose consent to the use of electronic correspondence data must be given in order for the electronic message to be accepted by the court as admissible evidence was outlined. The procedural order for submitting electronic and paper copies of electronic messages as electronic evidence in a civil case and review by the court of the originals of this evidence was described.