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НОРМАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ЕЛЕКТРОННОГО ПІДПИСУ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ ТА ФРАНЦІЇ

Source :
Часопис цивілістики. :45-51
Publication Year :
2020
Publisher :
National University - Odessa Law Academy, 2020.

Abstract

The article attempts to analyze the legal regulation of electronic signature in civil proceedings in Ukraineand the European Union, in particular, in France. The features of definition and use of electronic signature as a wayof verifying the authenticity of electronic evidence in civil proceedings of Ukraine and France are considered, as wellas the advantages of using electronic signature in Ukraine and France.The use and exchange of electronic documents certified by electronic signature is increasingly used in modernjudicial practice. Ukraine also does not lag behind world technological development. Today, the first attempts arebeing made to use the experience of foreign countries into ukrainian legislation, by adding electronic evidence to traditional means of proof. However, this type of evidence has its own specificity, which is not fully reflected in the currentlegislation and is not fully taken into account by judicial practice, which requires further research.Electronic forms of communication have reached such a level of influence on public life that they have becomean important source of information. Because of this, there is a need to confirm the reliability of such means of proof with the help of an electronic signature in the process of solving of a civil case by a court, which requires an appropriate regulatory settlement by law.The use of electronic signatures can also significantly reduce the time of movement of documents in the process,exchange of documents, conclusion of transactions and the like. That is, documents signed by electronic signaturecan be transmitted via the Internet in just a few seconds, which provides equal access to documents of all participants in electronic exchange, regardless of their location and distance from each other.So, the legislation of Ukraine and France provides for the ability of individuals and legal entities to use an electronic signature as an analogue of a handwritten signature to give legal force to an electronic document.

Details

ISSN :
25224840 and 25224832
Database :
OpenAIRE
Journal :
Часопис цивілістики
Accession number :
edsair.doi...........a9f98bb8a4fd7fc93a2dbea93ed85855
Full Text :
https://doi.org/10.32837/chc.v0i34.171