GENERAL THEORETICAL ISSUES RELATED TO ELECTRONIC OR DIGITAL EVIDENCE: PROBLEM AND SOLUTION

Abstract

This article provides a scientific analysis of the concepts of electronic or digital evidence. In particular, issues related to the legal and technical characteristics of digital evidence, their collection, storage, verification, transportation and evaluation have been investigated. At the same time, the problems and gaps in the practice of national legislation and law enforcement in the field of digital evidence processing have been critically considered. Scientifically based ways and criteria for their elimination have been developed. The article is prepared on the basis of scientific and practical research and opinions of theorists and practitioners conducted in the field of working with digital evidence, as well as technical research. As a result of the research, the methodological rules for working with digital evidence have been analyzed. National legislation, investigative and judicial practice, international experience and practice have been studied, and their achievements and shortcomings have been justified in conclusions. Based on this, the most optimal criteria for law enforcement entities to collect, verify and evaluate digital evidence have been developed. The article analyzes the problems in this area from a systematic, legal, scientific and methodological point of view and provides conclusions on this issue. At the same time, issues related to ensuring the admissibility of digital evidence, its identification and authentication, verification and evaluation of expert opinions are also covered. Scientifically based proposals and recommendations have been developed for the legislator and the subjects applying it.