Factors influencing the effectiveness of proving criminal offences during trial

Abstract

Proving effectiveness is a guarantee of protection of human rights, which is especially important for countries with a transitional legal system. Proving is influenced by a number of factors, including those the negative consequences of which are threatening the achievement of the goals of justice. Possibilities of minimizing their impact determine the relevance of the issue under research. The aim of the study is to determine the factors affecting the proving effectiveness and the prospects for improving this process in the context of human rights protection. The study involved the following practical methods: doctrinal approach, comparative method, forecasting. The dependence between crimes and types of evidence of their commission was established. The types of digital evidence were summarized, among which the OSINT technique prevails. The factors are classified into general and special. It was demonstrated that objective organizational factors prevail among the factors of proving crimes related to armed conflicts. It is proposed to focus on the legal regulation of the latest technologies and improving the professional training of the subjects of proving. It is appropriate to develop international recommendations for the use of digital evidence, including artificial intelligence.