Проблемы правового регулирования изъятия электронных носителей информации и копирования с них информации при производстве следственных действий

Abstract

The authors raise a number of urgent problems arising from the seizure of electronic information carriers and copying information from them in the course of investigative actions. The article proposes to expand the circle of bodies to which telecom operators are obliged to provide the electronic information stored by them with their subscribers by including all preliminary investigation bodies in them; introduce an independent investigative action into the Code of criminal procedure of the Russian Federation, during which the investigator will, by decision of the court, recover data stored by communication operators. The authors substantiate the need for dissemination provided for in art. 164, 1641 of the Code of criminal procedure of the Russian Federation guarantees of the rights of owners of electronic storage media for all categories of crimes. The article criticizes the provisions of part 2 of art. 1641 of the Code of criminal procedure on the mandatory participation of a specialist in the seizure of electronic storage media.