DOCTRINE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS: NATIONAL FEATURES AND WORLD TRENDS
Yaroslav Nedilko · Constitutional State · 2025
The article is devoted to the study of the place and photographs of electronic evidence in criminal proceedings. It is noted that with the advent of information and computer technology (smartphones, tablets, laptops, etc.), which criminals began to use for their illegal purposes, a new type of evidence began to appear – electronic evidence. Among domestic scientists there is no unity of opinion on the definition of the concept, place and electronic evidence in criminal proceedings. This is due not only to the lack of regulatory consolidation of electronic evidence in the Criminal Procedure Code of Ukraine (CPC of Ukraine), but also to the specification of their organization, research, seizure, storage and evaluation. It is emphasized that the CPC of Ukraine does not contain a definition of the concept of “electronic evidence”, but it is given in the Code of Administrative Procedure of Ukraine (CAP of Ukraine), the Commercial Procedure Code (CPC of Ukraine) and the Civil Procedure Codes of Ukraine (CPC of Ukraine) The article uses the concept of “electronic evidence after”, in international regulatory acts, in particular in acts of the European Union, the term electronic evidence (electronic evidence) is mainly used. A comparative analysis of approaches to consolidation and regulation of electronic evidence in the legislation of foreign countries, in particular Latvia, Hungary, Singapore, Great Britain and the USA, is presented. Both national and foreign judicial practice are given in detail. Proposals have been made regarding the possible consolidation of electronic evidence in the criminal procedural legislation of Ukraine in two ways, namely: consolidation of the concept of electronic evidence in the Code of Criminal Procedure of Ukraine, establishing its definition and indicating what exactly can be attributed to electronic evidence and creating a separate law that will determine the procedure for research, collection, storage and analysis of electronic evidence. Establishment of clear and understandable procedures for the admissibility and admissibility of electronic evidence in criminal proceedings.