Collection and research on electronic documents using specific expertise

Abstract

This research paper purpose is to use modern general and special methods of scientific knowledge to investigate the essence, form of electronic documents and their carriers, the specifics of the involvement of specialists and experts in their search, recording and research. It has been proven that the essence of the concepts «electronic (digital) information», «electronic data», «electronic document» in the criminal procedural aspect should be considered identical. It is shown that in the broadest sense an electronic document is any information presented in electronic form, in a narrow sense it is a document with mandatory electronic details. It is argued that electronic documents are placed on physical or electronic media in the form of files. Physical media are digital devices on which electronic documents are stored, and electronic media (electronic environment) are global or local networks, cloud storage, various electronic registers. It is substantiated that in criminal proceedings physical media are physical evidence (Article 98 of Criminal Procedural Code of Ukraine) or appendices to the protocols of investigative actions in the form of carriers of copies of electronic documents (Article 105 of this Code), and documents removed from electronic media are evidence documents (Article 99 of this Code). For admissibility of electronic documents as evidence in criminal proceedings during investigative actions for the search, detection and recording of electronic documents with the participation of an information technology specialist, it is recommended to necessarily record (in writing in the protocol or with the help of a video recording) all operations of the specialist with the carrier of electronic documents or appoint an electronic communications examination or a computer examination at the place of inspection (search).