Questions of the admissibility of the use of modern evidence in the claim proceedings «screenshot»

Abstract

This article examines the question of the admissibility of the use of a screenshot as evidence in the claim proceedings during the consideration and resolution of a civil case in court. Using a doctrinal approach, the formed concepts of the essence of such a type of proof as a screenshot are analyzed. Having established that for many scientists, the fundamental definition of a screenshot is a picture taken from the screen of a digital device, a distinction is made between a snapshot and a screenshot. The controversial nature of attributing the screenshot to a separate type of evidence, written or material, is noted. Using the method of scientific knowledge of judicial practice, the article concludes that the courts have long been familiar with such evidence as a photograph and do not often use a screenshot as such, since there is no legal definition of a screenshot, as well as mechanisms for fixing it and establishing the source from which the screenshot was taken. Judicial practice, in turn, has an impact on law-making and practical law enforcement. In the end, it is concluded that there is a need for a legislative settlement of controversial issues regarding such evidence as a screenshot in order to improve the effectiveness of the evidentiary procedure and the accessibility of justice in general.