Danilov N.I., Tolstova M.L.

Digital technologies in the evidentiary process of civil proceedings

Keywords: digital technologies, evidence, evidentiary law, digitalization, civil procedure, digital evidence, electronic evidence, admissibility of evidence, reliability of evidence

The study is due to intensive digitalization of law enforcement practice and a widespread use of data obtained through digital technologies by the parties to the civil procedure, in the absence of their systemic legislative regulation. Its content is determined by the systemic contradiction between a rapid development and active introduction of digital technologies into the evidentiary activities of participants in civil proceedings and the lack of procedural and legal regulation of the relations arising in this case. Resolving this contradiction is of considerable scientific novelty and practical relevance, as it will enable to create an effective mechanism for integrating digital technologies into civil proceedings. The purpose of the study is to conduct a comprehensive analysis of the opportunities and legal risks of using digital technologies in the evidentiary process of civil proceedings, as well as to develop scientific and practical recommendations on their use. Materials and methods. The research is based on the analysis of scientific works on procedural law, civil legislation and generalization of contemporary judicial practice of Russian courts of general jurisdiction. A combination of general scientific and private scientific methods was used: dialectical, that of analysis and synthesis, comparative legal, formal legal, and modelling methods. Results. The author's definition of digital technologies in the evidentiary process of civil proceedings is formulated. Digital technologies in the evidentiary process of civil proceedings are a set of technological tools, methods and algorithms used to create, collect, process, store and present evidentiary information in the digital form, which have a transformative effect on the traditional evidentiary process and require special legal regulatory mechanisms. The practice of using digital technologies was identified and systematized, on the basis of which an expanded classification of digital technologies used in evidence was developed. The uniqueness of this expanded classification of digital technologies in evidence lies in its multidimensionality and procedural orientation, which distinguishes it favourably from existing approaches. The specifics of digital evidence are determined, their differences from classical electronic evidence are revealed, which can become the basis for supplementing Article 55 of the Code of Civil Procedure of the Russian Federation. The identified and analyzed legal risks associated with the use of digital technologies in evidence were systematized according to three key criteria for proof: the risks of admissibility violations associated with the illegality of ways to obtain digital information; the risks of unreliability due to the possibility of technological falsification (deepfake) and data integrity violations; the risks of loss of relevance caused by the difficulty of establishing the connection between digital evidence with the subject of the proof. Conclusions. The conducted research proves the need for legislative consolidation of the definition of "digital evidence" and its procedural regime in the Civil Procedure Code of the Russian Federation. This will make it possible to unify the judicial practice and minimize the risks associated with admissibility, reliability and relevance of digital evidence. The prospects for further scientific research are seen in the development of digital content verification techniques and the formation of ethical and legal standards for the use of digital technologies in evidentiary activities.

About authors

Danilov Nikita I.

Assistant Lecturer, Department of Civil Law Disciplines, Chuvash State University, Russia, Cheboksary (Danilov2397@mail.ru; ORCID: https://orcid.org/0009-0006-6827-7825)

Tolstova Maria L.

Candidate of Economics Sciences, Associate Professor, Head of the Department of Financial Law, Chuvash State University, Russia, Cheboksary (maryaleon@yandex.ru; ORCID: https://orcid.org/0000-0001-9821-2404)

Article link

Danilov N.I., Tolstova M.L. Digital technologies in the evidentiary process of civil proceedings [Electronic resource] // Oeconomia et Jus. – 2025. – №4. P. 61-69. – URL: https://oecomia-et-jus.ru/en/single/2025/4/6/. DOI: 10.47026/2499-9636-2025-4-61-69.