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Journal Article

Citation

Pechegin D. Transp. Res. Proc. 2022; 63: 86-91.

Copyright

(Copyright © 2022, Elsevier Publications)

DOI

10.1016/j.trpro.2022.05.010

PMID

unavailable

Abstract

The expansion of the scope of innovative technologies and the spread of digital solutions determine one of the directions of modern development of transport engineering. However, technological changes taking place in the context of transport development, with the complication of communication links and vehicles used by humans, basically form the risk of prejudice that needs to be overcome during the judicial evaluation of data generated by innovative technologies. On the one hand, in the conditions of active technological expansion, the national procedure for carrying out procedural activities is subject to evolution in the field of ensuring electronic record keeping, information openness, providing participants with access to justice and information means of proof. On the other hand, the information technologies used in the basis of transport engineering are rarely researched in science from the standpoint of analyzing the evidentiary value of the data generated by them. There are no solutions to such issues as the philosophical grounds for the truth of such data, their compliance with the model of proof, ensuring a balance between the rule of law and respect for individual interests (trade secrets), determining guilt in the case of a traffic accident, etc. This article is devoted to the analysis of problems arising during judicial evaluation of data generated by innovative technologies in transport. Based on such methods of scientific analysis as dialectical, logical, comparative, predictive and interpretation, conclusions are drawn that the data generated by innovative technologies in transport are objective, but do not meet the criterion of truth for the purposes of cognition by the subject of demonstrating conclusively the circumstances of the incident. This circumstance predetermines the need to develop legal structures that expand the key concepts of evidentiary law, as well as an acceptable test for proving the specified information, the elements of which are presented in publication, taking into account the importance of preserving trade secrets.


Language: en

Keywords

Artificial intelligence; digital evidence; innovative technologies; judicial evaluation of data; transport; transport engineering

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