Open AccessSituation of scientific research in the sphere of electronic mapping in criminal proceedings
Author(s) -
M. S. Hrebenkova
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.51
Subject(s) - code (set theory) , digital evidence , computer science , political science , computer security , digital forensics , set (abstract data type) , programming language
Considering everything, the accusation of a person is formed due to the available evidence in criminal proceedings, the scientific article pays attention to a new source of evidence - evidence that exists in electronic form.
It is noted that today scientists call and define the evidence that exists in electronic form in different ways.
The purpose of the article is to highlight the situation of scientific research in the sphere of electronic mapping in criminal proceedings, which will contribute to the further development of theoretical and practical aspects of the use of evidence that exists in electronic form.
It draws our attention to the fact that the Commercial Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine, the Civil Procedure Code of Ukraine enshrine the concept of "electronic evidence" as a separate type of evidence on a par with material and written (documentary). However, there is no such evidence in the Criminal Procedure Code of Ukraine.
In order to comprehensively cover the state of scientific research on this topic, the author, taking into account the most indicative positions of scientists, was divided into certain blocks by the names of evidence that exist in electronic form: electronic evidence; digital evidence (digital (electronic) evidence); electronic traces (electronic digital footprints, virtual footprints); electronic mapping.
It is noted that it is inexpedient to enshrine the concept of "electronic footprints" in the Criminal Procedure Code of Ukraine, which will denote evidence that exists in electronic form.
It is summarized that certain concepts of scientists regarding the name of the category of evidence that exist in electronic form, mainly have common features: "factual data or information system presented in digital (discrete) form or information network and recorded on any type of media" . However, the names of this category of evidence differ significantly, depending on the creative approach of the authors and the definition of certain distinctive features in the concepts of such types of evidence.
The position of the authors on the title of such evidence "electronic mapping" and the introduction of appropriate amendments to the Criminal Procedure Code of Ukraine is supported.