Цифрові докази у кримінальному процесі: проблеми автентичності та допустимості

Everyday life is filled with information technology, which is developing very rapidly. In all of this, digital evidence has its place and is becoming increasingly important in crime investigations, helping to establish the truth and ensure justice. However, their use in such cases leads to numerous legal, procedural and technical problems that are the subject of scientific reflection. This article demonstrates the definition of digital evidence in accordance with national legislation, doctrine and international acts, in particular the Convention on Cybercrime (the Budapest Convention). It also provides a classification of the main types, such as: emails, messages in messengers (e.g. WhatsApp, Facebook, etc.), photos and videos, files, metadata, IP addresses, geolocation data, information from social networks, cloud storage, etc. Particular attention is paid to the comparison of digital evidence with its traditional types (physical, paper, etc.), which differ from each other in their changing form, high dependence on digital media and the risk of being lost forever. Specific attention is focused on the issue of authenticity of this type of evidence, which calls into question its origin, integrity and permanence. The research includes a study of the technical risks of falsification of digital traces, the lack of a single clear mechanism for verifying the authenticity of digital evidence, and discussions on the need for forensic examinations. The study analyses how the authenticity of digital evidence used in pre-trial investigation and court proceedings is assessed in court practice. The admissibility of digital evidence is an equally important topic for research. The requirements for them arise from the provisions of the Criminal Procedure Code of Ukraine (in particular, Articles 84, 86, 87, 99), as well as the case law of the European Court of Human Rights. The article focuses on such conditions as compliance with the procedure for obtaining them, proper procedural design and ensuring the rights of the parties to the proceedings, in particular the right to defence and privacy (Articles 6 and 8 of the European Convention on Human Rights). The case law of Ukraine and the ECHR is also presented, where digital evidence has become a key factor in the case and allowed to assess the current state of law enforcement and the challenges faced by the judiciary. From all the analysed material, a certain conclusion has been drawn that indicates the urgent need for legislative regulation of issues related to the verification and processing of digital evidence, the development of clear standards for its collection, storage and presentation in criminal proceedings.