Separate issues regarding the demand of evidence in economic proceedings

Abstract

The article is devoted to the analysis of certain issues regarding the demand for evidence in the economic process. In the resolution of a business dispute, the leading place is occupied by research and demand for evidence, which contains information about the circumstances of the case. The issue of demanding evidence remains one of the ways for a party to protect its interests. Already at the stage of preparing a lawsuit, the plaintiff must define a clear list of evidence that will be used to substantiate the stated claims, add these evidences to the claim statement, and in the absence of them, resolve the issue of their claim. However, a number of problems may arise here, one of which is the lack of evidence. This can happen when the evidence is lost or destroyed, or when it is not there at all. The lack of evidence complicates the consideration of the case and may lead to an uncertain decision.

Another issue related to the solicitation of evidence is insufficient reliability of evidence, which can be caused by errors in the collection or processing of evidence, or the use of unreliable sources.

An equally important problem is the issue of requesting electronic evidence. Today, the circumstances of many economic offenses can be proven to a large extent with the help of electronic evidence, which must meet the criteria and characteristics established by law, so that the question of their inadmissibility does not arise, and the court can use them as the basis of its judgment.

In Ukraine, as in the European Union, the demand for evidence is regulated by legislative acts, which determine the rules for the demand for evidence and the means of securing it. However, there are actual problems that require attention and resolution, in particular the issue of permission to request evidence and proving the authenticity of electronic evidence. In the process of demanding evidence, it is important to take into account the rights and interests of the parties in the case, because limiting their rights can lead to the inability to protect their rights and interests in full. Therefore, permission to request evidence must be justified and necessary to ensure the objectivity and reliability of the evidence.