Elektroninės informacijos panaudojimas civiliniame procese

Abstract

During last 10-20 years communication between people has changed significantly. New technologies empowered us not only to communicate faster and better, but also to create new business branches. Every day millions of digital messages and documents are sent through the global network or telecommunication systems. Everyone wants to be sure that if some disputes regarding his interest violation arise, he would be able to defend himself using electronic data or electronic documents which were made for or during the relationships with other parties. Unfortunately the litigation of these processes is not so fast as it should be. Internet as a global communication and information centre has very many problems regarding its internationality, anonymity and insecurity. The information can be accessed from everywhere and be displayed everywhere. Thus we must have the possibility to use this information in the court to prove what has happened or should have happened. Many counties and international organizations have their positions regarding the usage of electronic evidences gained from digital relationships. But still this practice is not world wide, it dose not have the unified norms which could be used despite the borders of the countries. Many countries do not have any litigation regarding usage of electronic evidences in civil cases. The main arguments for this are uncertainty of the security of electronic information, its liability, problems of identification of author, questions about original and copies of electronic data. These questions arise in Lithuania too. Our courts start using electronic evidences despite the facts that there are no exact regulations of it. Such evidences are delivered in printed form and are treated as written. The main questions regarding such evidences are admissibility, value and of course the position of the judge. It is clear that our country eventually will begin to use electronic evidences very widely because the computerization processes are very fast. The position of EU and Lithuanian Government on implementation of electronic communications like e - government, electronic studies, medicine and other forms of electronic relationships provide background for treating electronic evidences as equal to common evidences.