DIGITAL EVIDENCE IN THE CRIMINAL PROCEDURE OF UKRAINE: PROBLEMS OF ADMISSIBILITY AND EVALUATION

Abstract

The article provides a comprehensive doctrinal and applied analysis of the challenges related to the development and application of digital (electronic) evidence in criminal proceedings in Ukraine, driven by the rapid digitalization of socio-economic processes and a radical increase in cybercrime. It is emphasized that despite the fundamental transformation in the ways criminal offenses are committed, the current Criminal Procedure Code of Ukraine (CPC) still contains fragmented and insufficiently adapted regulation of work with digital information. The existing legal norms remain predominantly oriented toward models inherent to traditional material carriers of evidentiary information, creating risks of legal uncertainty and significantly complicating the effective use of digital evidence in judicial proceedings. The main focus is placed on the issue of admissibility of digital evidence, which in the Ukrainian context is most often linked not to the content or reliability of information, but to violations of the procedures for its collection, storage, and documentation, contrary to the requirements of Article 86 of the CPC of Ukraine. Investigative practice demonstrates the prevalence of outdated methods – in particular, the physical seizure of computer equipment instead of professional duplication through forensic imaging or the creation of forensic data copies. Such an approach not only falls short of international standards but also creates real risks of paralyzing business operations, losing critical data, and violating the rights of owners and third parties. The article provides an in-depth examination of the most problematic conflicts arising from the application of rules governing searches, temporary access, and seizure of digital data, including the absence of clear requirements for documenting technical parameters of data extraction, software tools, storage media, and methods of data processing. Particular attention is devoted to the issue of ensuring the integrity and immutability of digital information – a key condition for its recognition by the court as relevant and reliable. The article underscores the importance of cryptographic control tools, including hash functions, which ensure traceability of data origin and maintain the continuity of the chain of custody – a universally recognized international standard in the field of cyber forensics. Additionally, the article analyzes pressing challenges associated with forensic examination of digital evidence, including the insufficient development of specialized expert infrastructure, differences in the level of professional competence, and the lack of unified state standards for digital forensic procedures and the use of specialized software. It is emphasized that an expert conclusion often serves as the crucial element in proving the authenticity and reliability of electronic data; however, without legally regulated instruments, it may lose its probative value.