THE PECULIARITIES OF DIGITAL EVIDENCE USE IN CRIMINAL PROCEEDINGS

Abstract

The purpose of the article is to overview scientific, methodological and regulatory support for the use of electronic (digital) evidence in criminal proceedings. The research reveales the essence of electronic (digital) evidence and their value in cybersecurity. National and international regulatory documents, in wich such evidence was defined, were analyzed; there were found some inconsistencies in them on the researched issues. The need for adherence to certain procedures for the seizure and research of electronic (digital) evidence during criminal proceedings, together with the use of special knowledge is justified by the authors of the article. It is emphasized that detection and seizure of electronic (digital) evidence can be carried out by investigator or forensic inspector of the National Police of Ukraine within the framework of investigative actions (in particular, during the inspection of the crime scene, perquisition, etc.) It is also stated, that concidering the specificity of electronic (digital) evidence, employees of the Cyberpolice Department of the National Police of Ukraine, representatives of the Expert Service of the Ministry of Internal Affairs of Ukraine, specialists of research institutions of the Ministry of Justice of Ukraine and others may be involved in this work. It has been proven, that special knowledge in the field of digital evidence are applied in laboratory conditions during conducting computer-technical expertise. The use of a 
comprehensive systematic approach, as well as such scientific methods as forecasting, synthesis, analysis, comparison and generalization, provided reliable results and conclusions in the researched issues.
Keywords: electronic (digital) evidence; cybersecurity; data about the movement of information; special knowledge; criminal proceedings; computer-technical expertise.