Issue: № 7, 2024
Doi: https://doi.org/10.37634/efp.2024.7.13
Introduction. Some innovative electronic procedures have been introduced in criminal proceedings. For example, at the legislative level, the Uniform Register of Investigative Procedures (hereinafter referred to as the Uniform Register of Investigative Procedures) has been created and is in operation. Nevertheless, there are certain difficulties in the work of law enforcement officers regarding the systematic understanding of the information that must be entered into this register, for example, the use of different standards for entering reports of criminal offenses the lack of coordination between the parties involved in the pre-trial investigation. The purpose of the paper is to reveal the essence and legal nature of the concept of "electronic investigative actions" in criminal procedural legislation, to analyze the legal aspects of using digital technologies to collect evidence in the context of sustainable development. Results. The change was made in connection with many circumstances, under which the decision to introduce martial law made it impossible to carry out operational and investigative measures. In particular, the increase in the amount of electronic evidence, such as data from mobile devices, computers and Internet sources, forces law enforcement agencies to improve their methods and skills in the field of digital investigations. All this determines the importance and necessity of constant updating and adaptation of forensic means, techniques and methods of investigation and investigation of crimes to the realities of the modern world. Electronic investigative actions will improve the work of pretrial investigation bodies, make them more efficient, transparent and impartial. Conclusion. There are certain risks and difficulties in the implementation of ESD, namely large volumes of data collected during criminal proceedings and the need to protect personal data, which will prevent the creation of cloned files and the "disclosure" of collected confidential information to third parties through cyber attacks, etc. This work requires appropriate material and technical support and the participation of relevant companies specializing in information security.
Keywords : technological privacy, evidence base, digital offenses, legality of monitoring
References:
1. Ablamskyi S.Ye., Romaniuk V.V., Ablamska V.V. Cybercrime and the use of digital technologies: modern challenges to the law enforcement system. Herald of LNNI named after E. O. Didorenko. 2024. Issue 1 (105). pp. 254-266. URL: https://doi.org/10.33766/2786-9156.105.254-266 (in Ukrainian).
2. Avdieieva H. K. Problems of determining the reliability of digital evidence in criminal proceedings. Herald of LNNI named after E.O. Didorenko. 2024. Issue 1 (105). pp. 33-48. URL: https://doi.org/10.33766/2786-9156.105.33-48 (in Ukrainian).
3. Amelina A., Kashchuk K. Types of investigative (research) actions - modern challenges and technologies. "Young scientist". 2024. No. 4 (128). pp. 130-134. URL: https://doi.org/10.32839/2304-5809/2024-4-128-11 (in Ukrainian).
4. Zhuchenko O. The practice of implementation and use of electronic criminal proceedings in some countries of the European Union. Scientific perspectives (Naukovì perspektivii). 2024. No. 2(44). URL: https://doi.org/10.52058/2708-7530-2024-2(44)-1097-1112 (in Ukainian).
5. Guidelines on basic investigative standards for documenting inter-ethnic crimes in Ukraine. Global Rights Compliance. Amsterdam, 2023. 552 p. (in Ukainian).
7. Likhtanska A., Mykhaylov V. The use of OSINT in the criminal law of Ukraine. DICTUM FACTUM. 2024. No. 1(15). pp. 105-111. URL: https://df.duit.in.ua/index.php/dictum/article/view/319 (in Ukrainian).
8. Lohvynskyi H.V. Encroachment on the defender or representative of a person in the legislation of the countries of the Romano-Germanic legal family. Sciences of Europe. 2021. No. 78. pp. 13-17. (in Ukrainian).
9. Manhora V.V. Use of digital technologies in law: prospects and challenges. Information and law. 2023. No. 4(47). pp. 147-158. URL: http://il.ippi.org.ua/article/download/291618/285006 (in Ukrainian).
10. Nedashkivska O.A., Nedashkivska T.Ye. Experiment as a means of researching the cognition of a forensic expert regarding expert initiative. Forensic Herald. 2022. Vol. 37, No. 1. pp. 79–89. URL: https://doi.org/10.37025/1992-4437/2022-37-1-79 (in Ukrainian).
11. Pavlova T. Digitalization as a direction of transformation of criminal proceedings. Constitutional state. 2021. No. 41. pp. 96-102. URL: https://doi.org/10.18524/2411–2054.2021.41.225612 (in Ukrainian).
12. On the Comprehensive Strategic Plan for the Reform of Law and Order Bodies as a Part of the Security and Defense Sector of Ukraine for 2023-2027: Decree of the President of Ukraine dated May 11, 2023 No. 273/2023. URL: https://zakon.rada.gov.ua/laws/show/273/2023#Text (in Ukrainian).
13. Rezvorovych K.R. Legal nature of judicial error in civil proceedings. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs. 2018. No. 4. pp. 99-102. URL: https://visnik.dduvs.in.ua/wp-content/uploads/2019/11/4-18-ua/20.pdf (in Ukrainian).
14. Civil Procedure Code of Ukraine: Code of Ukraine dated March 18, 2004 No. 1618-IV: as of June 21 2024 URL: https://zakon.rada.gov.ua/laws/show/1618-15#Text (in Ukrainian).
15. Tsomra V.Yu., Korylchuk S.T. Oleniuk D.O. Development of artificial intelligence in modern jurisprudence. Scientific notes of the Lviv University of Business and Law. The series is economical. Legal series. 2023. Issue 38. pp. 100-108. URL: http://dx.doi.org/10.5281/zenodo.8272652 (in Ukrainian).
16. Khakhanovskyi V.H., Hutsaliuk M.V. Peculiarities of using electronic (digital) evidence in criminal proceedings. Forensic Herald. 2020. Vol. 31, No. 1. pp. 13–19. URL: https://doi.org/10.37025/1992-4437/2019-31-1-13 (in Ukrainian).
17. Кessler G.C. Judges’ Awareness, Understanding, and Application of Digital Evidence. Journal of Digital Forensics, Security and Law. 2011. Vol. 6. No. 1. Art. 4. pp. 54-72. URL: https://doi.org/10.15394/jdfsl.2011.1088
18. Federal Rules of Evidence (FRE). Dec 1, 2020. Legal Informational Institute. URL: https://www.law.cornell.edu/rules/fre