Interaction of law enforcement agencies within the framework of international cooperation during the gathering electronic evidence of the commission of a crime

Abstract

The article deals with issues related to the interaction of law enforcement agencies within the framework of international cooperation during the gathering of electronic evidence of the commission of a crime. Some aspects of the procedural order of providing/receiving a request for international legal assistance and the procedural activities of joint investigative groups have been analyzed.
 Such features of electronic evidence of the commission of a crime as resistance to external interference and the time of preservation of electronic information on a certain medium, which directly affect the vectors of interaction of law enforcement agencies, are singled out.
 Attention was drawn to certain normative and legal provisions of the Criminal Procedure Code of Ukraine; Instructions on the organization of the interaction of pretrial investigation bodies with other bodies and units of the National Police of Ukraine in the prevention of criminal offenses, their detection and investigation; of the Second Additional Protocol to the Convention on Cybercrime, which relate to issues of law enforcement cooperation and international cooperation.
 The shortcomings of the legal consolidation of certain procedural actions within the framework of international cooperation, which affect the subject of interaction of law enforcement agencies during the gathering of electronic evidence of the commission of a crime, in particular in emergency situations, are indicated. It was established that as a result of gaps in the law, which relate to the procedure for collecting electronic evidence during the investigation of crimes, in some cases, law enforcement agencies are forced to find ways to interact with other subjects on a voluntary basis. However, in the absence of voluntary consent from the other party, such an approach is not effective, and in combination with the overly bureaucratic order of international cooperation, the time spent on its compliance and the peculiarities of electronic evidence may lead to the loss of such evidence.
 Taking into account the shortcomings of the legislation, appropriate proposals for amendments and additions to the Criminal Procedure Code of Ukraine were provided.