The Problem of Definition of the Electronic Evidence Concept: Aspects of Law-Making and Judicial Practice

The concept and characteristics of electronic documents are analyzed. Various approaches to the problem of understanding electronic evidence by legislative and judicial bodies are considered, the nature and essence of the concept of “electronic document” is studied, an overview of judicial practice is presented, and the author’s method of solving this problem is proposed. The author concludes that it is necessary to combine all known forms of electronic documents into a separate type of electronic evidence. A number of shortcomings associated with the practice of courts evaluating electronic evidence are highlighted, and ways to overcome these problems are proposed.