Electronic Proves as One of the Modern Independent Means of Evidence

Abstract

Objective: the purpose of this study is a determination of the procedural status of electronic documents as electronic evidence and identification of gaps in legislation regarding their legal regulation.
 
 Theoretical framework: theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, also practical materials from criminal cases were used.
 
 Method: is a dialectical method of understanding general patterns and particular manifestations of the essence of phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign legislation from the point of view of the legal regulation of electronic evidence and their application in practice. The method of mathematical analysis and logic made it possible to analyze everything that could relate to electronic evidence, identifying their characteristics.
 
 Results and conclusion: electronic evidence is information in electronic digital form, suitable for communication, interpretation or processing. In the electronic digital environment, the main interacting objects are various kinds of information objects (data sets, files, programs, etc.) with a complex hierarchical structure. Data in electronic digital form are intended to transmit information through media, information systems and telecommunication networks, and in the event of a crime being committed against them, their protection is of primary interest, and the nature and content of this data fades into the background.
 
 Originality/value: the value of the study lies in the fact that, based on a comprehensive analysis, electronic evidence has a unique structure and ensuring their safety is one of the criteria for their use, as well as the possibility of introducing a copying function will expand the process of processing evidence. The concept of “computer information” is the author’s definition, which will allow us to consolidate electronic evidence as an independent type.