ЕЛЕКТРОНСКИ ДОКАЗ И/ИЛИ ЕЛЕКТРОНСКА ИСПРАВА КАО ДОКАЗ У ПАРНИЧНОМ ПОСТУПКУ
ELECTRONIC DOCUMENT AS EVIDENCE IN CIVIL LITIGATION

Summary/Abstract: Digital communications enable the use of an electronic document in civil litigation as evidence in most European countries. There are also doctrinal views on the terms of its proposal to the court as evidence, as well as on the manner in which it is made. This issue in the procedural doctrine of our state did not raise much interest. Therefore, the substantive and procedural provisions of domestic law have been comparatively analyzed here. It has been revealed that the use of an electronic document as evidence before the court does not depend on whether the party proposes to the court the original, or a copy of the electronic document, or whether a public or private electronic document is proposed as evidence. The dogmatic-normative analysis revealed that, in our non-electrified litigation, based on traditional evidence, legislators provided an appropriate legal framework for using an electronic document as evidence, notsubstantially altering the traditional concept of litigation, but equating its legal and evidentiary power with those of paper. Analyzed domestic case law has revealed that the parties have so far, almost in significantly ,opted to propose and produce an electronic document as evidence. This paper did not attribute this nor to the inadequate substantive or procedural normative basis of this issue, since a comparative analysis, primarily of normative solutions of states such as Austria and Germany, showed that the laws of the entities of Bosnia and Herzegovina are in line with modern standards in regulating of this question. The absence of the practice of using an electronic document before the courts as evidence, in this paper, was not attributed neither to the inadequate supply of the courts with digital media. It is mostly attributed to reasons such as the lack of wider use of electronic documents in substantive legal relations among citizens, inadequate supply of citizens with technological means, and inadequate level of their digital literacy.

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