О целесообразности включения дефиниции «электронные доказательства» в уголовно-процессуальный закон

Abstract

The article is devoted to studies of “electronic evidence” institutions in a context of determination of its true position in a system of evidence sources which is formed and functions within russian criminal procedure law existing for a long time. For reviewing and then analysing in this study there have been presented positions of scientists concerning the question of appropriateness of inclusion of the definition “electronic evidence” in existing russian criminal procedure act. There is differentiated approach to the problem of studying the “electronic evidence” phenomenon and its usage as independent type in the system of physical evidences. Taking into account the actual reality conditions, usage of “electronic evidences” in the process of proof on the starting level of criminal procedure is presented from the point of practice, thus, the necessity of innovations of independent and separate type into the existing system of physical evidences is marked.