Features of an Electronic Transaction as Evidence in Court

Zaripa Adanbekova; Aiman B.  Omarova; Saulegul  Yermukhametova; Saida Assanova; Serikkali  Tynybekov

doi:10.26512/lstr.v14i1.40374

Auteurs-es

Zaripa Adanbekova Turan University https://orcid.org/0000-0002-3354-1829
Aiman B. Omarova Al-Farabi Kazakh National University https://orcid.org/0000-0002-6535-9044
Saulegul Yermukhametova Al-Farabi Kazakh National University https://orcid.org/0000-0003-0364-2300
Saida Assanova Al-Farabi Kazakh National University https://orcid.org/0000-0001-9534-0435
Serikkali Tynybekov Al-Farabi Kazakh National University https://orcid.org/0000-0002-2332-8362

DOI :

https://doi.org/10.26512/lstr.v14i1.40374

Mots-clés :

Procedural Law. Evidence Base. Electronic Contracts. Electronic Documents. Judicial Process.

Résumé

[Purpose] This article is aimed at revealing the theoretical features of an electronic transaction as evidence in the procedural and legal field of a judicial instance.

[Methodology/Approach/Design] The leading method of studying this issue is a combination of materials and methods of scientific knowledge. The main one is the dialectical method, which was used during the entire study and is considered the basic one in all components of the work, which made it possible to analyse comprehensively the theoretical developments of domestic and foreign scientists, as well as to study the judicial practice of applying the regulatory framework in the evidentiary process and the practical activities of leading lawyers in the judicial process of using electronic evidence.

[Findings] The relevance of this article is due to the increasing trend in the use of electronic transactions, as well as the use of the latter in court as evidence. So, the legal nature of electronic transactions is analysed here in detail, namely: the history of occurrence, approval by national legislation, methods and conditions of conclusion, as well as legal force in legal relations between individuals and legal entities, the methodological basis for the study of the concept of electronic transactions has been determined, and their sources of legal regulation of their existence have been identified. The article provides a list of characteristic features of electronic transactions, reveals the main methods of their conclusion, justifies the effectiveness of using electronic transactions in courts as an evidence base, identifies the main legal omissions and shortcomings of the regulatory framework.

[Practical Implications] The materials of this article provide applied value in the course of the reform and improvement of procedural legislation, as well as the development of methodological manuals for training and skill development of practising jurists and lawyers.

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Bibliographies de l'auteur-e

Zaripa Adanbekova, Turan University

Zaripa Adanbekova is a PhD Student at the Department of Jurisprudence and International Law, Turan University, Almaty, Republic of Kazakhstan.

Aiman B. Omarova, Al-Farabi Kazakh National University

[Purpose] This article is aimed at revealing the theoretical features of an electronic transaction as evidence in the procedural and legal field of a judicial instance.

[Methodology/Approach/Design] The leading method of studying this issue is a combination of materials and methods of scientific knowledge. The main one is the dialectical method, which was used during the entire study and is considered the basic one in all components of the work, which made it possible to analyse comprehensively the theoretical developments of domestic and foreign scientists, as well as to study the judicial practice of applying the regulatory framework in the evidentiary process and the practical activities of leading lawyers in the judicial process of using electronic evidence.

[Findings] The relevance of this article is due to the increasing trend in the use of electronic transactions, as well as the use of the latter in court as evidence. So, the legal nature of electronic transactions is analysed here in detail, namely: the history of occurrence, approval by national legislation, methods and conditions of conclusion, as well as legal force in legal relations between individuals and legal entities, the methodological basis for the study of the concept of electronic transactions has been determined, and their sources of legal regulation of their existence have been identified. The article provides a list of characteristic features of electronic transactions, reveals the main methods of their conclusion, justifies the effectiveness of using electronic transactions in courts as an evidence base, identifies the main legal omissions and shortcomings of the regulatory framework.

[Practical Implications] The materials of this article provide applied value in the course of the reform and improvement of procedural legislation, as well as the development of methodological manuals for training and skill development of practising jurists and lawyers.

Saulegul Yermukhametova, Al-Farabi Kazakh National University

Saulegul Yermukhametova is a PhD in Law, Acting Associate Professor at the Department of Civil Law and Civil Procedure, Labor Law, Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan.

Saida Assanova, Al-Farabi Kazakh National University

Saida Assanova is the Senior Lecturer at the Department of Civil Law and Civil Procedure, Labor Law, Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan.

Serikkali Tynybekov, Al-Farabi Kazakh National University

Serikkali Tynybekov is a Full Doctor in Law, Professor, Head of the Department of Civil Law and Civil Procedure, Labor Law, Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan.

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