ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the consideration of theoretical issues related to the introduction of the institute of electronic evidence of criminal proceedings in Ukraine. The paper notes that with the development of information technologies the world is constantly evolving, there is an update in all spheres of life. Not spared the indication of changes and legal proceedings in Ukraine. There are new types of crimes that are closely related to the use of information technology. Proving such crimes causes a number of difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of the methodology for their study. The paper analyzes the work of scientists regarding the definition of the categories «electronic evidence», «electronic documents». It was emphasized that despite the diversity of the scientists’ positions, on the expediency of using a particular term, the author is inclined to believe that it is more appropriate to use the term «electronic evidence» in criminal proceedings. The author noted that among the unresolved and problematic aspects of the use of electronic evidence in the criminal proceedings of Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; the lack of a developed methodology for the study of such evidence; difficulties in detecting and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists to conduct legal proceedings; lack of homogeneous terminology and regulation at the legislative level. Based on the foregoing, the author has proposed her own definition of electronic evidence. It was concluded that it is necessary to continue the study of the categories of «electronic evidence», «electronic document», their legislative consolidation, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and fixing it.