Особенности предоставления результатов оперативно-розыскной деятельности в виде компьютерных следов органу предварительного расследования по экономическим преступлениям

Abstract

Over the past decade, there has been a significant increase in crimes committed using high technologies, which requires working out a new theoretical approach to understanding the mechanism of the formation of virtual traces. For the above reasons, computer traces acquire special relevance in the identification, disclosure and investigation of economic crimes, special knowledge about the features of which may entail the destruction, damage or modification of the information available on them. In the period from 2010 to 2020, the number of crimes committed using high technologies increased by more than 35 times, while the number of economic crimes committed decreased (by 162%). In the course of a detailed analysis of statistical data and the reasons that contributed to this, it is possible to establish a relationship between quantitative changes in economic crimes committed and crimes committed with the use of high technologies. The article reveals the emerging trends in the development of economic crime in the conditions of computerization of public relations, examines the role of the results of operational investigative activities in the form of computer traces in the process of proving and the specifics of their provision, taking into account established judicial practice, depending on the characteristics of the regions.
 The authors come to the conclusion that at present a stable position has been formed, according to which the results of operational-search activity in themselves are not evidence, but become such only after they have been given criminal procedural status through the production of investigative actions, and that it is necessary to amend the current a joint Order regulating the procedure for presenting the results of operational-search activities;