О ВНЕДРЕНИИ, РАЗВИТИИ, УСОВЕРШЕНСТВОВАНИИ ЭЛЕКТРОННЫХ СПОСОБОВ СОБИРАНИЯ ДОКАЗАТЕЛЬСТВЕННОЙ ИНФОРМАЦИИ ПО УГОЛОВНЫМ ДЕЛАМ

Abstract

Introduction: the article analyzes the essence and innovative significance of digital evidence in criminal proceedings, discusses the procedural ways of collecting evidence that contains digital information during preliminary investigation and in court proceedings, justifies the need to modernize evidence-collecting activity. Purpose: based on the analysis of scientific sources and materials of investigative and judicial practice, to shape the understanding of a new regime of evidence-collecting activity in criminal proceedings resulting from the introduction of updated procedural methods for the collection of evidence containing digital information. Methods: general scientific dialectical method, universal scientific methods (analysis and synthesis, induction and deduction, structural-functional method, formal-logical method), special legal methods (comparative legal method, method of system interpretation). Results: we analyzed the judicial and investigative practice of applying and scientific commenting on the norms of the Criminal Procedure Code of the Russian Federation and other domestic procedural codes regulating the performance of procedural actions on the collection of evidence containing digital information. The analysis showed the need to improve the conceptual apparatus in the light of the digitalization of criminal justice procedure; revealed polarization of the legislator’s approaches to the turnover of evidence in various forms of legal proceedings. Following the analysis results, we propose unified standards of electronic evidence-collecting tools in Russian procedural legislation and the practice of their application. Conclusions: it is proposed to understand ‘digital evidence’ as both information in digital form and an electronic method of recording and storing digital data; to ensure an updated systematization of procedural actions on the collection of evidence having a digital component in pre-trial and trial proceedings; to expand the range of electronic tools of preliminary investigation and judicial review in criminal cases.