Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context
The article analyzes the procedural aspects of the seizure, recording and analysis of electronic traces of the crime. Some statistical data on persons convicted under Art. 361-363-1 of the Criminal Code of Ukraine. The history of formation of the institute of electronic proofs is considered. The the...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2021-09-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/493 |
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| author | O. V. Manzhai A. O. Potylchak I. V. Manzhai |
| author_facet | O. V. Manzhai A. O. Potylchak I. V. Manzhai |
| author_sort | O. V. Manzhai |
| collection | DOAJ |
| description | The article analyzes the procedural aspects of the seizure, recording and analysis of electronic traces of the crime. Some statistical data on persons convicted under Art. 361-363-1 of the Criminal Code of Ukraine. The history of formation of the institute of electronic proofs is considered. The theoretical basis for understanding the essence of electronic evidence is outlined. It is noted the lack of regulation of the issue of working with electronic evidence in criminal proceedings. Some procedural aspects of electronic document review are revealed and some examples are given. The authors believe that the nature of electronic data, the mechanism of their formation allow us to consider them as a separate type of evidence, and the forms of their fixation defined in the current Ukrainian legislation are not perfect at present. It is proved that when working on the network, law enforcement agencies can record only the projection of the original electronic document as a separate case of electronic evidence, and such a projection can not be considered the original. The method of recording electronic evidence in the framework of covert investigative (search) action to remove information from electronic information systems is analyzed. Some bills aimed at normalizing the peculiarities of working with electronic traces of crimes in criminal proceedings are studied. |
| format | Article |
| id | doaj-art-b0d29d4cf5a8482b9ba43723c0840f7b |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2021-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-b0d29d4cf5a8482b9ba43723c0840f7b2025-02-02T03:31:01ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-09-01823131810.32631/pb.2021.3.01493Procedural Aspects of Handling the Electronic Evidence: the Ukrainian ContextO. V. Manzhai0A. O. Potylchak1I. V. Manzhai2Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe article analyzes the procedural aspects of the seizure, recording and analysis of electronic traces of the crime. Some statistical data on persons convicted under Art. 361-363-1 of the Criminal Code of Ukraine. The history of formation of the institute of electronic proofs is considered. The theoretical basis for understanding the essence of electronic evidence is outlined. It is noted the lack of regulation of the issue of working with electronic evidence in criminal proceedings. Some procedural aspects of electronic document review are revealed and some examples are given. The authors believe that the nature of electronic data, the mechanism of their formation allow us to consider them as a separate type of evidence, and the forms of their fixation defined in the current Ukrainian legislation are not perfect at present. It is proved that when working on the network, law enforcement agencies can record only the projection of the original electronic document as a separate case of electronic evidence, and such a projection can not be considered the original. The method of recording electronic evidence in the framework of covert investigative (search) action to remove information from electronic information systems is analyzed. Some bills aimed at normalizing the peculiarities of working with electronic traces of crimes in criminal proceedings are studied.http://pb.univd.edu.ua/index.php/PB/article/view/493electronic evidenceprocedural aspectsforensic aspectscrime preventionukraine. |
| spellingShingle | O. V. Manzhai A. O. Potylchak I. V. Manzhai Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context Law and Safety electronic evidence procedural aspects forensic aspects crime prevention ukraine. |
| title | Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context |
| title_full | Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context |
| title_fullStr | Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context |
| title_full_unstemmed | Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context |
| title_short | Procedural Aspects of Handling the Electronic Evidence: the Ukrainian Context |
| title_sort | procedural aspects of handling the electronic evidence the ukrainian context |
| topic | electronic evidence procedural aspects forensic aspects crime prevention ukraine. |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/493 |
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