Судова експертиза цифрових доказів у справах про плагіат: методологія та проблеми доказування

The legal peculiarities of forensic examination of digital evidence in plagiarism cases have been considered. Historically, such cases have undergone a long development process and were initially based on traditional evidence, such as printed materials and written documents. However, with the advancement of technology, there arose a need for the examination of digital evidence. Therefore, in modern conditions, an expert’s conclusion plays a key role in proving relevant case circumstances. The article highlights the following methodologies for the examination of digital evidence in plagiarism cases: 1) comparative analysis of texts (through matches, analysis of word and phrase frequency, uniqueness checks); 2) analysis of file metadata (creation and modification dates, authorship, change history); 3) linguistic analysis. The most frequently used methodology is the comparative analysis of texts (through matches, analysis of word and phrase frequency, uniqueness checks). The application of this methodology occurs through certified programs, but its drawback is that it requires a more detailed expert analysis since it is necessary to consider known collocations and synonyms. The analysis of file metadata as a methodology in plagiarism cases implies that metadata attain the status of digital evidence, which must be properly collected, preserved, and evaluated with regard to procedural law requirements. It is noted that linguistic analysis involves a thorough investigation of the text’s linguistic characteristics, such as lexis, syntactic constructions, stylistic features, structure, and content organization. The author concludes that forensic examination of digital evidence in plagiarism cases requires not only the use of modern analysis methodologies but also strict adherence to procedural law requirements regarding the admissibility, relevance, and reliability of evidence. Further development of regulatory frameworks in this field, improvement of methodological approaches, and enhancement of expert qualifications are necessary conditions for ensuring effective protection of intellectual property rights under current technological development conditions.