Digital evidence: some problematic issues regarding its concept and use in criminal justice

Abstract

The article focuses on the fact that the level of crime related to the use of information technologies is constantly growing, which is evidenced by rather disappointing statistics, which is why in the criminal procedural science so much attention is paid to electronic evidence, the procedure for admissibility of their receipt and use during proving the circumstances to be established in criminal proceedings.
 On the basis of the study of the current legislation, it was determined that at the present day in the Ukrainian judiciary there is some ambiguity regarding the concept and reliability of information contained in digital documents, and also, unfortunately, the single requirements that would be given to electronic documents in to the fullest extent, the opportunity to act as a tool of evidence in criminal proceedings.
 Attention is focused on the fact that in itself the constant growth of the use of the possibilities of innovative technologies has two sides of the coin, it has both positive and negative colors. It is clear that in the process of changes in legislation and reform approaches, it is impossible to clearly and immediately establish the advantages and imperfections of a certain legal institution, only the practical application of norms over a sufficient period of time will be able to provide answers to the questions of interest to theorists and practitioners, in our case, the most relevant ones seem to be questions regarding the assessment and use of electronic evidence when presenting versions and forming the evidence base in criminal proceedings.
 It is noted that the process of proof, due to its importance, remains a relevant topic for research and analysis. The problem in this legal institute is the lack of a clear legal regulation regarding the procedural procedure of extraction, assessment and research of electronic evidence at the legislative level.
 The authors established that electronic evidence has certain specific features that should be reflected in material and procedural legislation and prove that compliance with the requirements that exist regarding the form of an electronic document form its evidentiary value, the ability to use it as the basis of a procedural decision and refer to him during the consideration of the case in court.