Basic aspects of the normalization strategy institute of digital evidence in Criminal Procedure Law
Year: 2023
Type: article
Abstract: The article is devoted to defining the main aspects of the strategy of normalization of electronic evidence in thecriminal proceedings of Ukraine. The work solves such tasks as justifying the feasibility of institutionalization of digitalevidence, identification and systematization of the main practical challenges (possible dangers) associated with theoperation of digital evidence, formulation of the main strategic and tactical aspects of the institutionalization of digitalevidence in the national criminal procedural legislation. The work proves that the need to standardize the set of issuesrelated to the use of electronic evidence in criminal proceedings in the Criminal Procedure Code is urgent, and the stateof war has made it even more urgent.The main aspects of the normative strategy of institutionalization of digital evidence in the criminal procedurallegislation of Ukraine are determined, which include: recognition of digital evidence as a separate source of evidencein criminal proceedings; modernization of the criminal procedural mechanism for collecting electronic evidence;introduction of special standards for storing electronic information; normalization of special criteria for the assessmentof digital evidence (requires scientific research on the criteria for assessing digital evidence from the point of view of theiradmissibility, which have procedural significance and are subject to normalization); establishment of an imperativerequirement for the participation of a specialist both during the collection of digital information and during its examinationin court.It is concluded that when normalizing certain strategic aspects of the institution of digital evidence in the CCP, it istactically important to maintain a balance between, on the one hand, the functional necessity of establishing the specificsof the mechanism for collecting, recording, storing and evaluating digital evidence considering its nature, with on theother hand, compliance with the standard of brevity of the law and the absence of unnecessary detail («not overloadingthe law with special terminology»). In this sense, it is appropriate to use blanket norms with reference to special lawsdefining and detailing digital technologies (if they exist), as well as the normalization of certain aspects at the levelof subordinate legal acts (such as the step-by-step algorithmization of actions regarding the recording and preservationof digital information, establishment of qualification requirements for computer specialists, etc.).Keywords: criminal procedural legislation, digital evidence, digital information, regulatory strategy.
Source: Issues of crime prevention
Authors: N. V. Glynska, D. I. Klepka
Language: English
Topic: Education, Law, and Society
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408958024