Year: 2024
Type: article
Abstract: The article analyzes the modern regulatory framework, which regulates the procedure for compensation for damage caused by war crimes, and judicial practice regarding the evaluation and use of electronic (digital) evidence to confirm the existence of a real estate object, the fact of destruction, etc. Special attention is paid to controversial issues regarding the use of radio technical intelligence data, information obtained from the Google Maps service, photographic materials, sound recordings, video recordings, and other media contained in open (Internet, various mass media, social networks) or closed networks (private messengers and telegram channels, personal correspondence using computer equipment and mobile phones, flash drives, memory cards, etc.). Fixing the location of the real estate object (in particular, within the range of enemy artillery), the question arose about the possibility of using data from Google Maps. The Supreme Court formulated a legal opinion according to which, data from Google Maps may be considered admissible and reliable evidence as it is collected from various sources such as satellites, car cameras, user applications and other sources, and given that Google constantly updates and checks the data to ensure its accuracy and relevance. It is argued that it is necessary to make additions to the current legislation on the use of the results of radio technical intelligence, to standardize the court order on access to technical means using a biometric key (password) based on the experience of the EU countries. Key words: electronic evidence, property damaged as a result of hostilities, compensation for damage caused, war crimes.
Author: Nataliia Akhtyrska
Institution: National School of Judges of Ukraine
Language: English
Topic: Education, Law, and Society
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405817416