Використання доказів, що мають електронну форму в кримінальному процесі України: судова практика

The article provides an analysis of the case law pertaining to the utilisation of electronic evidence in criminal proceedings within the Ukrainian legal system. The author notes that, despite the relevance of this issue, the established case law has been formed only in relation to the assessment of certain evidence, while a number of problematic issues have been addressed in certain decisions of the Supreme Court, which require analysis. The study undertakes a thorough analysis of the Supreme Court’s positions on the rules for assessing the admissibility of electronic evidence, the admissibility of copies of an electronic document, the admissibility of a video recording, and the admissibility as evidence of a video recording that is freely available. It also examines the obtaining of a video recording by an agent before entering information into the URPTI; inadmissibility as evidence of the record of inspection of the object and viewing of the video recording on the grounds of violation of the procedure for obtaining such evidence; recording of conversations on a dictating machine (telephone), verification of information in the telephone; a kind of list of electronic evidence, video recording of the investigative action as an independent source of evidence; ordering an examination of a technical data storage device during the trial. The analysis presented in this article may be of interest to scholars studying the use of evidence in electronic form in criminal proceedings, as well as to practitioners who wish to strengthen their legal arguments when using evidence in electronic form in criminal proceedings with the relevant case law. The analysis of the case law of the Supreme Court of Ukraine on the use of evidence in electronic form in criminal proceedings conducted in this article reveals the heterogeneity of the case law on the subject under study. In light of these findings, the following recommendations are put forward: Firstly, a comprehensive study of case law on the use of electronic evidence in criminal proceedings in Ukraine should be conducted. Secondly, efforts should be made to ensure discussion and coordination of legal positions on these issues by representatives of all participants in criminal proceedings. Thirdly, efforts towards unification of case law should be directed. Finally, synchronisation of law enforcement approaches with international standards on the use of electronic evidence in criminal proceedings should be ensured.