The role of transnational electronic evidence in the investigation of crimes

Abstract

The purpose of the study was a comparative analysis of the police practice of EU member states and Ukraine regarding transnational electronic evidence. Taking into account the goal, the practice of law enforcement of EU member states and Ukraine was chosen for comparative analysis. The method of comparative law and statistical methods were effective methodological tools and the basis of this research. The conducted research revealed that the international community is making a lot of efforts to reform the procedure for obtaining transnational electronic evidence when adapting to the current requirements. The new EU rules on the provision and storage of transnational electronic evidence cover the categories of subscriber data, access to transactions, and content. It was established that the SIRIUS and TREIO projects are important tools for supporting EU law enforcement agencies in matters related to transnational electronic evidence. In Ukraine, it is necessary to improve the legislation on the procedure for obtaining transnational electronic evidence with due regard to the international practice. The use of the recommendations of the SIRIUS and TREIO projects in Ukraine can contribute to improving the procedure of international cooperation regarding access to transnational electronic evidence in criminal investigations.