THE USE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

The article examines the legal nature, procedural features and practical aspects of the use of electronic evidence in criminal proceedings in Ukraine. The relevance of the topic is due to the rapid development of digital technologies, the spread of cybercrime and the need to adapt national legislation to modern challenges in the field of criminal justice. The author analyzes the main types of electronic evidence – in particular, electronic documents, multimedia files, metadata, information from social networks and digital traces from servers and devices. The specifics of their collection, recording, storage and evaluation are considered, taking into account the requirements of the Criminal Procedure Code of Ukraine, as well as international standards.Particular attention is paid to the problems of admissibility of electronic evidence, such as non-compliance with the procedures for seizure, authentication, protection against falsification and observance of the rights of the individual during the search of digital media. The case law is analyzed, which demonstrates heterogeneity in approaches to the assessment of digital evidence, which indicates the need to unify the relevant procedural norms.The role of forensic experts in establishing the technical reliability and authenticity of electronic data is outlined, and examples of cases where expertise played a decisive role are provided.The article also summarizes foreign experience in legal regulation of electronic evidence (USA, EU, Great Britain), in order to formulate proposals for improving the domestic criminal process. The author emphasizes the need for regulatory consolidation of the concept of “electronic evidence”, the development of methodological recommendations for investigators and judges, as well as the introduction of digital forensics into Ukrainian judicial practice. The conclusion is made that effective legal regulation of the use of electronic evidence is a key condition for ensuring the objectivity, legality and fairness of criminal proceedings in the digital era.