ДОКАЗУВАННЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ НА ПІДСТАВІ ЕЛЕКТРОННИХ ДОКАЗІВ

Abstract

Dehtiarova O. Evidence in criminal proceedings on the basis of electronic evidence. The scientific article reveals the process of proving with the help of electronic evidence, their place among other sources of evidence (testimony, documents, physical evidence, expert opinions) is investigated. Evidence is a mandatory stage of the investigation and includes the collection, evaluation, verification of information, documents. Electronic evidence is digital objects that were a means or instrument of committing a criminal offense, preserved electronic and digital traces of a criminal offense, were the subject or object of a criminal offense. Signs of electronic evidence include: intangible form; created by man; the result of the information system; exists in the electronic network; research with the help of hardware and software; requires a special procedure for collection, inspection, evaluation; remote modification of electronic evidence and their removal. There is no official definition of electronic evidence in the criminal procedure legislation, the procedure for working with them is not regulated, which causes difficulties during the investigation and trial. The scientific article examines the opinions of scientists: D. Alekseeva- Pratsyuk, A. Antonyuk, P. Antonyuk, K. Bolgareva, M. Gutsalyuk, I. Kalancha, A. Kovalenko, O. Kozytska, O. Metelev, L. Pertsova-Todorova, V. Rusetska, O. Sirenko, A. Stolitniy, G. Tatarenko, D. Tatarenko, V. Khakhanovsky, V. Shkolnikov, who study the issue of proving criminal offenses with the help of electronic evidence. During the study of the use of electronic evidence, it was concluded that the development of a unified approach to the collection, investigation and use of electronic evidence with further enshrinement in regulations is a way to resolve inconsistencies and create conditions for investigators.