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OlenaLYNNYK,

Associate Professor, Department of Criminal Procedure and Forensic Science, University of the State Fiscal Service of Ukraine, Candidate of Law Scinces

ELECTRONIC DOCUMENT AS EVIDENCE IN CRIMINAL PROCEEDINGS

The article is devoted to the description of the concept of an electronic document. An electronic document as the source of judicial evidence is an object that carries information that matters to establish the circumstances to be proved in a criminal proceeding and exists only in an electronic environment in a form that is permissible for use in a criminal proceeding. It is also noted that the specifics of an electronic document is that a person is able to perceive it only with the help of special technical and software tools. Essentially, an electronic document is an electronic information that is transmitted or received in the form of signals, signs, sounds, moving or still images, or otherwise. This, in particular, is the main characteristic of an electronic document.

This article establishes that the electronic document review protocols must include the technical specifications and serial numbers of equipment, titles and versions of the software used during this investigative (search) action. Also, all the details of the electronic document must be studied and displayed in the protocol.

The author concluded that electronic documents are well deservedly placed in the process of proof in the criminal justice system of Ukraine. As domestic legislation regulates both the general provisions on the concept, classifications and elements of electronic documents, and the possibility of their use as evidence in the pre-trial investigation and judicial review of a criminal offense.

Key words: electronic documents, information, media data, evidence, proof.

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