Legality of application of the provisions of Chapter 17 of the Criminal Procedure Code of Ukraine in order to block websites in criminal proceedings

Abstract

The purpose of the study is to analyze the case law on blocking websites in criminal proceedings and find the right way to solve this gap in legislation, by arresting in accordance with Chapter 17 of the Criminal Procedure Code of Ukraine, creating conditions for improving criminal procedural law to clearly define the mechanism of blocking websites and formulate appropriate proposals for amendments to the Criminal Procedure Code of Ukraine. Research methods were used to achieve this goal, in the process of scientific research used various methods of scientific knowledge. The methodological basis of scientific work were general scientific methods: theoretical (analysis and synthesis, deduction and induction, systems analysis), as well as empirical research methods, for example, conducting expert evaluation and other methods. Results: the case law on blocking websites in criminal proceedings is analyzed and attention is drawn to the lack of a clear mechanism for restricting access to websites within criminal proceedings. This shows a big problem for making legal judgments. It was concluded that the current version of the Criminal Procedure Code of Ukraine could not be used to block websites. Emphasis is placed on the impossibility of recognizing a web- site as material evidence in criminal proceedings, as this contradicts the legal definition of physical evidence as a material object. The references in the motions of the pre-trial investigation bodies and the decisions of the investigating judges to the fact that the users of the website may have intellectual property rights, as it contradicts the norms of civil law, are considered unfounded. It is proposed to supplement part ten of Article 170 of the Criminal Procedure Code of Ukraine with a new object that can be seized - a website.