Критерії віднесення електронної інформації до видів доказів

Based on a comprehensive systemic approach, the article studies and analyses the case law, current legislation of Ukraine and scientific developments on the use of electronic (digital) evidence in the process of proof in criminal proceedings, as well as the procedural rules of national legislation governing the use of electronic evidence in criminal proceedings. The methodological basis of the study is the concept of system analysis, and general scientific methods of cognition, such as theoretical modelling, analysis and synthesis, induction, deduction, and functional approach were used. Given the importance of this issue, the main purpose of the study is to characterise each component of the admissibility of such evidence, namely, the proper source of receipt, the proper subject and the proper method of collection. The author emphasises that the doctrinal problem which creates an obstacle in defining such criteria is the lack of a unified scientific vision of the concept of digital (electronic) evidence and determination of its source. On this basis, the author proposes to improve criminal procedure legislation with a view to defining the concept and types of electronic evidence, classifying electronic evidence as a procedural source of evidence, and developing a unified approach to the use of a copy of electronic evidence. The Criminal Procedure Code of Ukraine does not contain any regulatory framework for the use of electronic evidence in the process of proving a case in criminal proceedings, which leads to the classification of electronic evidence as a procedural source such as material evidence or a document. The definition of digital (electronic) evidence should reflect such a mandatory feature as the degree of relevance to a particular criminal proceeding. Another mandatory component of the definition of ‘digital (electronic) evidence’ should be an indication of its specific nature. The author suggests that a source of digital (electronic) evidence should be considered a digital (electronic) object with the help of which this evidentiary information was created, recorded or transmitted. The author notes the need to develop criteria for the admissibility of electronic evidence in criminal proceedings.