Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)

Use of Electronic Evidence in Criminal Proceedings in Ukraine

Authors
Roman Blahuta1, ORCID, Anatolii Movchan1, *, ORCID, Maksym Movchan2, ORCID
1Lviv State University of Internal Affairs, Lviv, Ukraine
2National Police of Ukraine, Kyiv, Ukraine
Corresponding Author
Anatolii Movchan
Available Online 18 December 2021.
DOI
10.2991/assehr.k.211218.032How to use a DOI?
Keywords
criminal proceedings; electronic digital signature; electronic evidence; e-mail; forensic research
Abstract

The article deals with the issues of documenting and using electronic evidence in criminal proceedings in Ukraine. The task of the study led to the use of dialectical, historical-legal, comparative-legal, system-structural, statistical and formal-logical methods. It is emphasized that the features of electronic (digital) evidence are that it is hidden (like fingerprints or DNA); easily crosses borders of jurisdiction; may be altered, damaged or destroyed; can be vulnerable, time sensitive. Signs and types of electronic evidence and basic principles of working with them are defined. The peculiarities of conducting operational and technical measures and unspoken investigative (investigative) actions with electronic evidence are analyzed: removal of information from transport telecommunication networks and removal of information from electronic information systems. Fixing of electronic evidence obtained as a result of investigative (investigative) actions or unspoken investigative (investigative) actions envisaged by the Criminal Procedure Code of Ukraine is carried out in compliance with certain requirements to the form and content. It is noted that forensic research is the main focus of documenting electronic evidence. It is emphasized that law enforcement officials should be properly trained in order to be able to effectively use electronic evidence in criminal proceedings, as well as to document the illegal activities of both individual offenders and organized criminal groups.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 December 2021
ISBN
978946239-489-6
ISSN
2352-5398
DOI
10.2991/assehr.k.211218.032How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Roman Blahuta
AU  - Anatolii Movchan
AU  - Maksym Movchan
PY  - 2021
DA  - 2021/12/18
TI  - Use of Electronic Evidence in Criminal Proceedings in Ukraine
BT  - Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)
PB  - Atlantis Press
SP  - 196
EP  - 201
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211218.032
DO  - 10.2991/assehr.k.211218.032
ID  - Blahuta2021
ER  -