Notarial documents in electronic format as a means of proof in the field of marital and family relations
Автор: Kaplunova N.
Журнал: Legal Concept @legal-concept
Рубрика: Главная тема номера
Статья в выпуске: 2 т.23, 2024 года.
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Introduction: in a contemporary context, a notary is not conceivable without electronic documents; notary practice is immersed in electronic document management. Notarized evidence in electronic form is a multifaceted and widely used means of proof. The proof provided by a notary in electronic format can be fully used by participants in marriage and family relations, wherein, in addition to the legal aspect, there are many moral and ethical situations. The norms of the current legislation of the Russian Federation enshrine a mention of the procedure for providing electronic proof by a notary, but there is no detailed regulation of it. This type of proof is grouped separately in normative legal acts and is only mentioned in the explanations of the higher courts. The doctrine has not developed a unified approach to the provision of electronic proof by a notary. In notarial practice, there are cases of refusal on the part of notaries to inspect information in electronic form. Considering the above, the author formulated the purpose of the study: the identification, analysis, and formulation of signs of notarial documents in electronic format, allowing them to be recognized as a means of proof in the field of marital and family relations. The purpose setting led to the solution of the following tasks: the consideration of the legal possibilities of notaries to create electronic proof in a broad and narrow sense; the analysis of the norms of existing legal acts, the explanations of judicial practice and the work of civil lawyers dedicated to providing electronic proof by a notary; the identification and establishment of the fundamental signs of electronic proof provided by a notary as a means of judicial protection; the definition of the concept and types of electronic proof provided by a notary, their classification; the consideration of examples of the use of electronic proof provided by a notary in the field of marital and family relations and the identification of technical and legal advantages of such use. Methods of the research of phenomena and processes: dialectical, formal legal (dogmatic), the method of comparative jurisprudence, and concrete social and comparative law methods. The research is based on the method of analyzing current Russian legislation and law enforcement practice.
Electronic proof, notarial document in electronic format, electronic proof in notarial practice, provision of proof by a notary, examination by a notary of information located on the information and telecommunication network “internet”
Короткий адрес: https://sciup.org/149146807
IDR: 149146807 | DOI: 10.15688/lc.jvolsu.2024.2.7