ОСОБЛИВОСТІ ПРЕДМЕТУ ДОКАЗУВАННЯ КІБЕРЗЛОЧИНІВ В УКРАЇНІ ПІД ЧАС ВОЄННОГО СТАНУ

Abstract

The article examines the peculiarities of the subject of proving cybercrimes in Ukraine during martial law. It is substantiated that the collection of evidence, their evaluation and consolidation during military
operations, which is an important stage in the investigation of criminal proceedings regarding crimes committed on the Internet, acquire special importance. Conducting a comprehensive and quick pre-trial investigation during martial law to further establish the presence or absence of a person's guilt in committing a criminal offense is important for further increasing the effectiveness of judicial proceedings and ensuring the unity of judicial practice, the rule of law, effective protection of human rights, which serve as an additional legal argument during decision-making in case of detection of shortcomings, errors, gaps in the current legislation. The process of proving (collection, verification and evaluation of evidence) of cybercrimes has been studied. The need to conduct investigative (search) actions and covert investigative (search) actions, examinations, involvement of experts and specialists, use of measures to ensure criminal proceedings and implementation of international cooperation has been proven.
Therefore, the question arises about improving the quality of the criminal procedural legislation of Ukraine by applying digitalization of criminal proceedings, when collecting evidence, consolidating it and making appropriate changes to the criminal procedural legislation of Ukraine. I support a number of timely and appropriate changes to the Criminal Procedure Code of Ukraine, which correspond to the realities of life during martial law: paragraph 2 of Article 170; paragraph 2, part 6 of Article 236; Part 2 of Article 237; Part 5 of
Article 268.