Використання електронних доказів у кримінальному провадженні: проблеми їх збору, перевірки та оцінки

In modern criminal proceedings, the use of electronic evidence has become an important tool in proving the guilt or innocence of the accused. With the development of information technology and the digitalization of society, the role of electronic evidence, such as files, messages, video and audio recordings, data from mobile devices, and other forms of digital information, has significantly increased. These types of evidence can be crucial for confirming facts that are of essential importance for a criminal case and also for effectively investigating crimes, especially when traditional methods of evidence collection are less effective. However, along with its significant potential, there are serious problems in the use of electronic evidence. One of the main issues is ensuring their authenticity, as electronic evidence can be forged, altered, or destroyed, making it difficult to accept in court. For electronic evidence to be used in court, it must meet the requirements of admissibility, technical integrity, and the legality of collection. In practice, however, situations often arise where the absence of clear procedural norms or improper collection of evidence leads to its rejection by the court. At the same time, given that much electronic data is stored on servers abroad, there is a need for international cooperation to obtain and use such evidence in national courts. Problems also arise due to limited access to this data and the complexity of its examination. In this context, there is a need to adapt national legislation to modern technological challenges and adopt international experience to improve the process of collecting, verifying, and evaluating electronic evidence. It is also important to enhance the qualifications of judges and law enforcement officials in the field of digital forensics and provide them with the necessary technical tools to improve procedural control and reduce the risk of falsifications. Only with proper legal and technical preparation can the effective use of electronic evidence in criminal proceedings be ensured, which, in turn, will improve the level of fairness in the process.