ЦИФРОВІ ДОКАЗИ У КРИМІНАЛЬНОМУ ПРОЦЕСІ: ВИДОВА ХАРАКТЕРИСТИКА

Abstract

The given article studies the development of the system of procedural evidence types with the aim to distinguish the criteria for its typological classification, as well as to define its place in the system of criminal procedural evidence, taking into account a specific artificial intangible nature of digital evidence data. The author of the article states that the development of information society supposes a new model of social relations, communication and respectively new approaches to solving important issues, including those within the criminal proceedings field. Information technologies are evolving very fast so are the methods of use of digital technical means with malicious purposes, which results in a steady increase of crimes committed in cyber space. But, the question of digital data use as the evidence is still poorly studied and not regulated enough in criminal and procedural legislation of Ukraine. In particular, the place of digital evidence in the system of procedural evidence sources has not been defined yet. The author of the article analyses the status of scientific research related to the classification of procedural evidence types, its evolution, and raises the question of establishing a separate type of criminal procedural evidence for digital information which has a probative value. The analysis of criminal and procedural legislation and evaluable scientific resources shows, that the existing concept of classification requires improvement bearing in mind a specific nature of digital evidence. There also have been defined the criteria for dividing procedural evidence into certain types with further grounding the necessity to classify digital evidence as a separate type due to its specific nature. It has been substantiated that it is inaccurate to refer digital evidence to both physical evidence and documents in criminal procedure. The article convincingly proves that digital data in the form of files and machine media is a separate type of evidence, and, correspondently, it is advisable to amend p.2 of Article 84 of CPC of Ukraine.