Електронні докази в кримінальному судочинстві України

In the article, the authors attempt to determine the place and role of electronic evidence in criminal proceedings, and also identify the features of electronic evidence and formulate the author’s own definition of “electronic evidence”. In particular, it is noted that the Criminal Procedure Code does not regulate the relationship with electronic evidence in a sufficiently clear manner, resulting in a lack of uniformity in the courts’ understanding of electronic evidence. In the presented study, the authors found that the main characteristics of electronic evidence are that it is information in electronic (digital) form; this information is contained in electronic documents or in other visually expressed forms (text, multimedia and voice messages, in the form of metadata, databases and other data in electronic form); such information is stored on memory cards, mobile phones, servers, backup systems (USB sticks, hard disks); it requires a special procedure for collection, verification and evaluation; it can be perceived only through the use of special hardware and software; it has no limit on the number of times it can be used. We believe that electronic evidence should be recognized as an independent group of evidence and enshrined in the CPC of Ukraine. At the same time, the concept of “electronic evidence in criminal proceedings” should be understood as information about the facts and circumstances of criminal proceedings, which is recorded in electronic form, is different from evidence in electronic form, and obtained in accordance with the procedure provided for by criminal procedural law. The forms of displaying information in electronic evidence (sources of electronic evidence) are characterized by diversity and are not sustainable sources due to the intensive development of information technology. The most common sources of electronic evidence are: an electronic document (within the meaning of the Law of Ukraine “On Electronic Documents and Electronic Document Management”); websites on a computer network; electronic databases; files and groups of files; e-mails; chats; servers; recordings from video surveillance cameras, recorders, other software; applications installed on mobile phones, tablets or other electronic devices, etc.