Везде
“Electronic Evidence” in Criminal Proceedings: On the Expediency of Legal Regulation
Table of contents
Annotation Estimate Publication content
References Comments
Share
QR
Metrics
“Electronic Evidence” in Criminal Proceedings: On the Expediency of Legal Regulation
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900028929-5
Publication type
Article
Status
Published
Authors
Natalia O. Nikuradze 
ORCID: 0000-0002-8343-1695
Occupation: Associate Professor, Department of Criminal Procedure and Criminalistics, Law Faculty
Affiliation: Orenburg State University
Address: Orenburg, Russia
Edition
Volume 28 No. 4
Pages
132-144
Abstract

In the context of global digitalization, criminal proceedings cannot remain unchanged due to their dependence on changes in the socio-economic formation of society. One of the controversial issues in criminal procedure science today is the use of so-called electronic evidence in proving criminal cases, their legal regulation, trends and prospects for the development of electronic production procedures.

The purpose of the research is to study the theoretical foundations of electronic evidence, revealing their concept and characteristic features, to study the expediency and prospects of legal regulation of such evidence in Russian criminal procedure legislation. The achievement of this goal is ensured through a theoretical analysis of scientific views, application practices, as well as foreign experience in criminal procedural evidence using evidence in electronic form.

The methodological basis of the study was the dialectical method of cognition, which made it possible to objectively and comprehensively consider problematic issues of the use of evidence in electronic form in criminal proceedings, the concept of “electronic evidence” in connection with domestic and foreign law enforcement. Through a theoretical and legal analysis, the characteristic features of the evidence under study and the problems of legal regulation have been identified, as well as the definition of electronic evidence has been formed. The formal legal method was used to develop proposals for improving the current criminal procedure legislation.

Conclusion. The analysis of theoretical approaches in the science of criminal procedure to the definition of the concept of “electronic evidence” allowed us to identify its characteristic features and formulate the author's definition of this concept on their basis. The necessity of legal regulation of electronic evidence caused by the practice of law enforcement and trends in the development of public relations is justified by supplementing Part 2 of Article 74 of the Russian Code of Criminal Procedure with paragraph 41 of the following content: “electronic evidence” and Article 5 of the Russian Code of Criminal Procedure with a norm-definition that enshrines the concept of “electronic evidence”. The main directions of the legal regulation of the procedural procedure for the use of “electronic evidence”, the legal consolidation of the concept in order to ensure uniformity of interpretation of this legal category by supplementing the criminal procedure law with a separate article of the relevant content are outlined.

Keywords
criminal proceedings, electronic evidence, electronic criminal case, digitalization, access to justice, information and telecommunication technologies
Date of publication
12.04.2024
Number of purchasers
2
Views
70
Readers community rating
0.0 (0 votes)
Cite Download pdf

To download PDF you should pay the subscribtion
1

References



Additional sources and materials

1. Mason S. Authenticity and evidential weight of digital evidence in legal proceedings. In:. Coleman L., Lemieux V., Stone R., Yeo G. (eds). Managing Records in Global Financial Markets: Ensuring Compliance and Mitigating Risk. Facet Publishing, 2011. Pp. 149—164. (In Russ.) 
2. Voronin M. I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? Lex Russica, 2019, no. 7(152), pp. 74—84. (In Russ.) 
3. Zigura N. A. The nature of computer information as evidence. Bulletin of the South Ural State University. Series Law, 2009, no. 28(161), pp. 50—52. (In Russ.) 
4. Zuev S. V. Electronic evidence in criminal proceedings: concept and meaning. Legal order: history, theory, practice, 2020, no. 3(26), pp. 46—51. (In Russ.) 
5. Kalinovsky K. B., Markelova T.Yu. Evidential value of “electronic” information in the Russian criminal process. Russian investigator, 2001, no. 6, pp. 18—19. (In Russ.) 
6. Marfitsin P. G. Some approaches to the formulation of the concept of “Electronic evidence” in criminal proceedings. Yuridicheskaya nauka i praktika: Vestnik Nizhegorodskoy akademii MVD Rossii, 2017, no. 3(39), pp. 106—109. (In Russ.) 
7. Mishchenko E. V., Nikuradze N. O., Marina E. A. Criminal proceedings in the context of global digitalization of society. Zhurnal Sibirskogo federal'nogo universiteta. Gumanitarnye nauki, 2022, vol. 15, no. 8, pp. 1082—1093. (In Russ.) 
8. Okonenko R. I. Electronic evidence as a new direction for improving Russian criminal procedure law. Actual Problems of Russian Law, 2015, no. 3(52), pp. 120—124. (In Russ.) 
9. Olinder N. V. On the issue of evidence containing digital information. Juridical Journal of Samara University, 2017, vol. 3, no. 3, pp. 107—110. (In Russ.) 
10. Pastukhov P. S., Terekhin V. V. To the question of the concept and essence of electronic evidence in criminal proceedings. Vestnik Komi respublikanskoy akademii gosudarstvennoy sluzhby i upravleniya. Seriya: Gosudarstvo i pravo, 2014, no. 18, pp. 69—75. (In Russ.) 
11. Zuev S. V. (ed.) Development of information technologies in criminal proceedings. Moscow, 2018. 244 p. (In Russ.)

Comments

No posts found

Write a review
Translate