Судебная экспертиза электронных документов
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.
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.
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.
The article discusses the features of energy service contracts as one of the types of state-business interaction in the form of a publicprivate partnership. The purpose of the article is to analyze the main problems accompanying the implementation of energy service contracts on the basis of a case analysis and to develop recommendations for those who are at the stage of concluding such agreements. The following causes of problems between the parties to the energy service contracts are highlighted: methodological, organizational and financial. The following recommendations are developed based on the experience of participation in forensic examinations:1) careful study of the methodology for calculating savings using energy audit;2) the method of calculating the economic effect should be an integral part of the energy service contract;3)careful management of documents in order to be able to begin to resolve the conflict in the pretrial order according to the Civil Code;4) the contractor must make sure that there are economic benefits based on detailed calculations of indicators such as payback period, net present value of the project, internal rate of return, which it is mandatory to compare with the cost of financial resources used in the project.
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.