General-Theoreticalissuesrelated to electronic or digital evidence

Abstract

In this paper, the concepts of electronic or digital evidence are scientifically analyzed. In particular, the legal and technical features of digital evidence, issues related to their collection, storage, verification, transportation and evaluation were studied. At the same time, the problems and gaps in national legislation and law enforcement practice in dealing with digital evidence have been critically examined. Scientifically based ways and criteria for their elimination have been developed. The article is based on scientific and practical research in the field of working with digital evidence, the views of theoretical scientists and practitioners, as well as technical research. As a result of the research, the methodological rules of working with digital evidence were analyzed. National legislation, investigative and judicial practice, best international practices and practices are studied, their achievements and shortcomings are substantiated on the basis of the author's conclusions. Based on this, the most appropriate criteria have been developed for law enforcement entities to collect, verify and evaluate digital evidence. The article analyzes the problems in the field from a systematic, legal, scientific and methodological point of view, on which the author's conclusions are formed. At the same time, evaluation of expert opinions are also covered. Scientifically based proposals and recommendations have been developed for the legislature and its subjects.