Электронный документ как средство доказывания в гражданском и арбитражном судопроизводствах
The article analyses the existing legal regulation of the problem of defi nition of concepts of “electronic document” and “electronic message”, correlation of these concepts and also the problem of authenticity and feasibility of electronic document as a means of evidence in civil and arbitrazh proceedings.
In the article the questions the legal classification of contracts based on electronic documents (EDI), especially online transactions as contracts, agreements, obligations and specific form, signed with the use of web resources, as well as analyze the form of contracts, the moments of their conclusion, the occurrence of the obligations under conclusion of the contract online, the place and role of an electronic document, electronic signature at the conclusion of agreements in the global network. An important role played by the preparation, processing and transmission of electronic documents, his receipt and storage.
In the article the concept of the electronic document to the Russian legislation, describing the legal status of an electronic document that specifies the location of the electronic document in proof system of criminal and civil procedure, the range of problems in terms of raising the evidentiary value of electronic documents and on the basis of existing international agreements and practical experience in the U.S. this area, offers ways of improving legislation to overcome this legal conflict.
This paper gives the history of the origin of citations in scientific literature and reveals the causes of the origin of different referencing styles. Modern methods for working with references in scientific technical literature are described. The role of network technologies in preparing scientific publications is pointed out.
A model of electronic document based on ontology approach is described. A variety of problems, which include traditional tasks as well as data domain analysis, can be solved with this model.
The paper deals with the classification of formats. Particular attention is paid to possibility of incorporating metadata, which supports mechanism for semantic indexing. Existing classification is examined and a new facet classification is proposed.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/