CURRENT ISSUES IN THE USE OF EVIDENCE IN COMMERCIAL PROCEEDINGS, PARTICULARLY IN THE CONTEXT OF THE DIGITALIZATION OF JUSTICE AND THE DEVELOPMENT OF ELECTRONIC TECHNOLOGIES

Abstract

The article examines current issues related to the use of evidence in commercial proceedings, particularly in the context of the digitalization of justice and the development of electronic technologies. Special attention is paid to the problems of the absence or insufficient reliability of evidence, limited access to it, as well as the use of evidence obtained in violation of legal requirements. It is determined that the digital transformation of judicial proceedings significantly affects traditional approaches to proof, necessitating their reconsideration and adaptation to new conditions.

The study analyzes the specific features of electronic evidence, its intangible nature, the need to confirm its authenticity, ensure its integrity, and the complexity of its evaluation in judicial practice. It is established that the imperfection of legislative regulation and the lack of unified standards for electronic evidence create significant difficulties for both courts and participants in proceedings, leading to inconsistencies in judicial practice. Particular attention is paid to the problems of obtaining evidence, especially those existing in digital environments or held by third parties.

The article considers international experience, in particular the practice of the European Union, regarding the regulation of evidence collection and the use of electronic signatures as a means of verifying the reliability of electronic information. The necessity of improving procedural mechanisms of proof, implementing modern information technologies, and developing e-justice is substantiated.

It is established that ensuring a balance between accessibility of evidence and proper protection of the rights of the parties is a key task of modern commercial litigation. The paper proposes directions for improving legal regulation, including the development of unified standards for the evaluation of electronic evidence, improvement of procedures for their submission and examination, and strengthening international cooperation. Additional emphasis is placed on the importance of enhancing the qualifications of judges and participants in proceedings in the field of electronic evidence, developing the technical infrastructure of courts, as well as improving electronic document management and integrating digital justice services. The results of the study may be used to increase the efficiency of judicial proceedings and ensure fairness in commercial disputes.