金融调查中使用电子证据的必要性和可能性

I. Revak, O. Pidkhomnyi, Tetiana Yavorska
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引用次数: 0

摘要

在当今数字时代,电子证据在金融犯罪侦查中发挥着重要作用。随着金融服务的消费者越来越依赖于技术和电子设备的广泛使用,金融犯罪分子也适应了使用这些数字渠道。因此,调查人员必须驾驭电子证据的内容和类型,以发现有价值的信息,并在此基础上组织有力的证据。因此,研究金融调查中电子证据的意义和性质,它们所带来的挑战,以及用于有效收集、分析和呈现这些证据的方法等问题都是当前的主题。本文的目的是明确在金融调查中使用电子文件的理论和方法原则。根据设定的目标,制定了以下任务:论证电子文件作为金融犯罪侦查证据来源的本质,明确其在证据体系中的地位;确定评估电子证据可靠性和状态的标准;概述电子文档收集和分析方法的应用阶段。考虑到专题的特殊性,研究的目标和任务,使用了许多方法:在研究乌克兰电子文件的科学发展状况期间应用了历史-法律方法;比较法有助于对法律框架的规范进行比较;采用形式和逻辑方法来证实结论。文章强调了电子证据在金融调查中的科学性和应用问题,概述了在国内法律实践中使用特殊工具和技术的理论和方法原则。结合国内法律框架和科学来源,揭示了电子文件作为金融犯罪侦查证据来源的本质,明确了其在证据和控制金融信息体系中的地位。重点放在评价财务调查证据的适当性、可采性、可靠性、充分性和证据的相互联系等标准上。介绍了电子文档收集与分析的方法、应用阶段。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
NECESSITY AND POSSIBILITIES OF USING ELECTRONIC EVIDENCE IN FINANCIAL INVESTIGATIONS
In today’s digital age, electronic evidence plays an important role in the investigation of financial crimes. As consumers of financial services have become increasingly dependent on technology and the widespread use of electronic devices, financial criminals have also adapted to use these digital channels. As a result, investigators must navigate the content and types of electronic evidence to uncover valuable information and organize strong evidence based on it. Therefore, the questions of researching the meaning and nature of electronic evidence in financial investigations, the challenges they create, and the methodologies used for the effective collection, analysis and presentation of such evidence are topical. The purpose of the article is to specify the theoretical and methodological principles of using electronic documents in financial investigations. In accordance with the set goal, the following tasks were formulated: justify the essence of the electronic document as a source of evidence in the investigation of financial crimes and characterize its place in the evidence system; determine the criteria for assessing the reliability and status of electronic evidence; outline the stages of application of the methodology of collection and analysis of electronic documents. Taking into account the specificity of the topic, the goal and tasks of the research, a number of methods were used: the historical-legal method was applied during the study of the state of scientific development of electronic documents in Ukraine; the comparative legal method contributed to the comparison of the norms of the legal framework; formal and logical methods were used to substantiate the conclusions. The article highlights the scientific and applied problem of using electronic evidence in financial investigations, outlines the theoretical and methodological principles of using special tools and technologies in domestic legal practice. Taking into account the domestic legal framework and scientific sources, the electronic document essence as a evidence source in the financial crimes investigation was revealed, and its place in the system of evidentiary and control financial information was clarified. Emphasis is placed on such criteria for evaluating evidence in financial investigations as appropriateness, admissibility, reliability, sufficiency, interconnection of evidence. The methodology application stages of electronic documents collection and analysis are characterized.
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