Enhancing the Handling of Digital Evidence in Ukraine's Criminal Justice System
Purpose: The article analyses investigative and judicial practice aspects, recognising the admissibility of electronic (digital) evidence in criminal proceedings. Design/Methodology/Approach: During the work, a comprehensive study of electronic evidence's theoretical and applied aspects in criminal proceedings was conducted, highlighting their features and place in the procedural sources of evidence. Research Limitation/Implications: It has been established that the electronic format of evidence creates specific difficulties in the context of their establishment as evidence. Special attention in the research is given to proving based on electronic evidence. It is substantiated that information obtained from digital carriers can be used to construct investigative versions, identify criminal connections, and, in some cases, confirm the facts of a crime. It has been proven that information significant for criminal proceedings can be in electronic documents, photos, audio or video recordings, and arrays of informative data regarding databases, registry operations, telecommunication networks, etc. Social Implication: The process of proving forms the basis of pre-trial investigation, starting from entering information into the Unified Register of Pre-trial Investigations and up to the decision-making in criminal proceedings. Practical Implication: The article summarises contemporary scientific developments regarding the definition and essence of electronic evidence and examines the phenomenon of “electronic (digital) evidence” in criminal proceedings. It substantiates the norms of legal and legislative regulation of the process of using electronic evidence in criminal proceedings. Originality/Value: The research is dedicated to analysing the prospects for improving the work with evidence in electronic form in the criminal process of Ukraine.
Authors
- Lidiia Мoskvych (ORCID: https://orcid.org/0000-0001-7339-3982)
- Nataliia Varenia (ORCID: https://orcid.org/0000-0002-2797-197X)
- Oleksandr Aloshyn
- Oleksandr Olkhovskyi
- Dmytro Lykhoshapko
Publication Details
- Journal
- Journal of Lifestyle and SDGs Review
- Published
- 2024-12-30
- DOI
- https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03390
- Citations
- 2
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 4.46