Audio and video recordings as a means of proof - Civil procedural law

Audio and video recordings as a means of proof

Previously, the civil procedural law did not provide for audio and video recording as evidence, and Art. 49 GPK RSFSR in 1964 called an exhaustive list of means of evidence, among which such records were not listed. At the same time, in the Decree of the Plenum of the Supreme Court of the USSR of 01.12.1983 No. 10 "On the application of procedural legislation in the consideration of civil cases in the court of first instance" (now it has lost force) it was stated that the court can take in the form of written evidence documents obtained with the help of electronic computers, and taking into account the opinion of the persons participating in the case, the court is also entitled to investigate the presented audio and video recordings. However, this decision cardinally did not solve the problem of using audio and video recordings, as it ran counter to the procedural law, although there was a corresponding need from the practical point of view.

Today, audio and video recordings are given the official status of evidence, which makes the court's ability to establish the actual composition of the case more complete. Unfortunately, the legislator does not give the notion of data of means of evidence, but specifically emphasizes: a person who presents audio and/or video recordings on electronic media or solicits their demand, must indicate when, by whom and under what conditions records were made. This means that they must be obtained in a legal way, which corresponds to Part 2 of Art. 50 of the Constitution, although the civil procedural law does not know a clear definition of the concept of "legal" and illegal ways of obtaining evidence. The closest analogy, if at all appropriate, can be found in the field of criminal procedural law, which contains the thesis that during the operational search activities information systems, video and audio recording, film and photography, as well as other technical and other means are used , not damaging the life and health of people and not causing harm to the environment. Nevertheless, many of the operational-search activities need additional sanctions from the court, for example, audio recording of telephone conversations is allowed on the basis of a court decision. It is quite obvious that in the sphere of private civil proceedings such a situation is unthinkable. A court administering justice in a particular civil dispute shall not be entitled to authorize persons participating in the case to perform audio and video recordings, so the question of how to obtain these means of proof remains open. At the same time, the origin of the audio and video recordings will be legal if the participant in the trial, representing audio and/or video recording on electronic or other media or applying for its reclamation, can specify when, by whom and under what conditions the recording was made (art. 77 GIC), as well as in the case of fixing the progress of the court session by means of electronic devices (part 7 of Article 10 of the CCP). In all other cases, the illegality of the origin of the audio and/or video recording must be proved by the person participating in the case, which disputes the fact of the legitimacy of such a record (see the definition of the St. Petersburg City Court of January 29, 2013, No. 964).

The order of investigation by the court of audio and video recordings is determined as direct by means of special equipment with indication in the protocol of the characteristics of the reproducing sources and the playback time. But in view of the protection of the rights and interests of citizens in an open court session, the study of these evidentiary materials in the event of the presence of personal information in them is permitted only with the consent of the interested persons. Otherwise, the judicial authority shall determine the appointment of a private meeting. In order to clarify the information contained in the audio or video recordings, the court may involve a specialist, if necessary, an examination is appointed.

Audio and video record carriers are stored in the court, which takes measures to keep them in an unchanged state. In exceptional cases and only after the court decision comes into legal effect, audio and video recorders can be returned to the person or organization from which they were received. At the request of the person participating in the case, he is given copies of records made at his expense (Article 78 of the CCP).

thematic pictures

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)