Classification of evidence in arbitration: the need to revise approaches to determining the status of certain types of evidence

The relevance of the study is due to the insufficiency of modern classifications of evidence as the basis of legal regulation. The emergence and increasingly active use of electronic evidence and its various varieties are not fully taken into account in the implementation of legal regulation, which is manifested in the uncertainty of the legal status of certain types of evidence, in particular, such as screenshots and correspondence that is conducted electronically. As a consequence, scientific discussions continue as to what type of these electronic evidences should be attributed to, how exactly legal relations in connection with their use for the purposes of proving should be regulated. The aim of the study is to analyze modern classifications of evidence, including those enshrined in Russian legislation, in conjunction with new types of evidence, as a way to determine the possibility of specifying the classification and, as a consequence, to improve legal regulation in terms of the use of certain types of electronic evidence. When conducting the research, theoretical views on the classification of evidence in arbitration proceedings, Russian legislation, as well as judicial practice were taken as a basis. Such methods of scientific knowledge as the method of analysis and synthesis, method of expert evaluations, comparative-legal, formal-legal methods were used in the analysis. The necessity of revision of approaches to the implementation of the classification of evidence in arbitration proceedings is substantiated. The modern classification of evidence does not fully meet the methods and tools of proving, including due to the uncertainty of the legal status of certain types of evidence. It is concluded that it is necessary to determine the legal status of screenshots and correspondence, which is conducted electronically and can be recorded for submission to the court, including in the form of screenshots, as electronic evidence, as well as to change the current legislation in this part.