Электронные доказательства, электронное доказывание, искусственный интеллект: что далее?

Abstract

The concept of “electronic evidence” is usually considered within the framework of existing legal classification (material evidence, documents, etc.), whereas more general and natural concepts for them are “electronic proof” and “electronic litigation”, the material substrate of which is the digital environment, where artificial intelligence is gaining increasing importance. Electronic evidence does not always fit into existing legislative definitions and can exist in virtual space (cryptocurrency, other digital assets, etc.). Artificial intelligence in combination with so-called “big data” (Big Data), collectively called the integral technology of artificial intelligence and big data (BD&AI), can take the process of searching for evidence during an investigation to a qualitatively new level, revealing hidden relationships in events and behavior of individuals, often beyond the scope of human consciousness. Through the development and application of BD&AI, the very nature of evidence in criminal proceedings can change, transforming from the sphere of human perception into the sphere of machine cognition. Structuring “big data” for electronic evidence requires further development of investigation algorithms and standards of proof