ELECTRONIC EVIDENCE IN CORRUPTION OFFENCES

Abstract

The article examines modern aspects of the use of electronic evidence in the process of criminal proceedings. The concepts, types and main characteristics of electronic evidence, their importance in establishing the objective truth when proving corruption criminal offenses are considered. The main problems faced by law enforcement agencies when collecting, storing and verifying electronic evidence, as well as the features of their study at the pre-trial stage of the investigation of criminal proceedings are analyzed. A necessary aspect is the improvement of the legislative framework of Ukraine regarding the regulation of electronic evidence, emphasizing the need to develop effective methods and procedures to ensure the proper evidentiary value of electronic evidence. A particularly relevant type of evidence during the investigation of corruption criminal offenses is electronic evidence.

Electronic evidence is becoming one of the most effective tools in the fight against corruption offenses, but its use requires clear legal regulation and a high level of professional training for those working with this type of evidence. Electronic evidence may contain information (date and time of file creation, its author) that allows tracing the actions of suspects and other persons involved in the commission of a corruption offense. In most cases, specialized analysis of electronic evidence is required, which is carried out by forensic experts.

The main problematic issues of the existence of electronic evidence:

1. the lack of distinction between electronic evidence and other sources of evidence;
2. the uncertainty of the sources of obtaining electronic evidence in criminal proceedings;
3. the lack of regulatory and legal regulation of the use of copies of electronic evidence, the originals of which have been lost;
4. limitations on the investigator's ability to use electronic evidence;
5. the lack of organization of the information and telecommunications system of pre-trial investigation with the participation of the National Police of Ukraine.