ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS: PROBLEMS OF COLLECTION AND ASSESSMENT OF ADMISSIBILITY

This article examines issues related to electronic evidence in criminal proceedings in Ukraine, focusing on the problems of its collection and evaluation under martial law. The legislative framework of Ukraine regarding electronic evidence, which is in the process of being formed, is considered, taking into account the current judicial reform and the desire for European integration. Significant gaps in legal regulation, organizational capacity, and technical infrastructure are identified that make it difficult to effectively work with electronic evidence. Particular attention is paid to the challenges that have arisen as a result of the Russian invasion, in particular, evidence collection in occupied territories, and the destruction of infrastructure. Based on a comprehensive analysis, a multifaceted approach to reform is proposed, encompassing legislative changes, institutional development, strengthening technical capabilities, and the creation of specialized educational programs. The need to form a unified legislative framework for working with electronic evidence, create specialized units in law enforcement agencies, standardize technical equipment, and improve interdisciplinary training of investigators, prosecutors, and judges to ensure the effective and lawful use of electronic evidence in criminal proceedings is highlighted. The conclusions indicate that the problems of the institution of electronic evidence in the Ukrainian criminal process are experiencing considerable difficulties, which are exacerbated against the backdrop of war realities. These difficulties concern the legislative field, organizational structure, technological support and practical implementation, which requires holistic solutions focused both on ensuring operational needs and on the strategic development of the system in the future. Despite this, Ukrainian investigators, prosecutors and judges have shown the ability to adapt, introducing innovative methods of collecting and evaluating electronic evidence even during active hostilities. International cooperation has played an important role in the exchange of experience and the formation of professional competencies, strengthening the overall potential of Ukraine in the field of electronic evidence.