THE USE OF OSINT IN THE CRIMINAL LAW OF UKRAINE

Abstract

The article is devoted to the study of certain issues of the use of OSINT in the criminal law of Ukraine. The author draws attention to the large number of war crimes and the need for their effective investigation. It is noted that the development of information and computer technologies brings investigative processes to a qualitatively new level: obtaining forensically significant information, in which OSINT plays an important role. The concepts of OSINT and information from open sources, as well as the algorithm for working with them, were analyzed. Attention is drawn to both positive points and difficulties that may arise when working with information from open sources. It is noted that for reasons of efficiency, performance of tasks of the criminal process, protection of personal data in accordance with the law, the possibility of procedural fixation and use in the process of proof in national courts, it is necessary to provide for appropriate guarantees of the operation of OSINT. Attention is drawn to the need to ensure a proper process of collecting, verifying and evaluating information from open sources, as well as to the importance of metadata in the process of proof.

The use of computer technologies has become an integral part of the modern world, and the global Internet has become an integral part of human life. At the same time, every user of Internet gadgets, in one way or another, leaves his "Internet footprint" by taking pictures with friends, checking in, or evaluating the quality of service provided by advertising and service center personnel. In addition, such elementary measures against citizens can be used by law enforcement officers to prevent or solve crimes.

OSINT is directly considered as a method of collecting information for the prevention and detection of crimes. OSINT (Open Sources Intelligence) technical techniques were first used during World War II by American intelligence, namely the Foreign Broadcast Monitoring Service (FBMS). But today OSINT is used not only by state intelligence services, but also by journalists, private detectives, IT companies, financial groups, etc.