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Registration Number

0224U032779, (0124U000755) , R & D reports

Title

Use of electronic evidence during pre-trial investigation of crimes against peace, human security and international legal order (Berkeley Protocol)

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науково-практичний порадник "Використання електронних доказів під час досудового розслідування злочинів проти миру, безпеки людства та міжнародного правопорядку (протокол Берклі)"

Head

Havryliyk Lyudmila V., Кандидат юридичних наук

Registration Date

04-12-2024

Organization

State Research Institute of the Ministry of Internal Affairs of Ukraine

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Study of problematic issues arising from the use of electronic evidence under the Berkeley protocol during pre-trial investigation of crimes against peace, human security and international legal order; development of an investigator's procedure for identifying, reviewing, storing, and using electronic evidence using the Berkeley protocol during a pre-trial investigation

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The object of the study is the social, which arise and are formed in the process of collecting and studying electronic evidence during the pre-trial investigation. The subject of the study is the use of electronic evidence during the pre-trial investigation of crimes against peace, security of humanity and international law (Berkeley Protocol). To achieve the goal set, to solve the tasks determined by it, general scientific and special methods of cognition were used, which ensured the receipt of scientifically substantiated conclusions and proposals. In particular, the following private scientific methods were applied: - targeted study of the legislation of Ukraine and other states (selectively), subordinate regulatory legal acts, government decisions, intergovernmental agreements (conventions) on the issue of the use of electronic evidence during the pre-trial investigation; - the dialectical method allowed to comprehend digital information from open sources in its integrity and interconnection with other categories of the philosophy of information and evidentiary law; - the logical-semantic method provided analysis and improvement of the conceptual apparatus; - the comparative legal method allowed to study the regulatory provisions regulating the grounds and procedure for the use of electronic evidence in the legislation of other countries; - the formal legal method was used to analyze the provisions of the legislation aimed at regulating the activities of investigators and other participants in criminal proceedings during the search, review, copying, and storage of digital materials from open sources on the Internet during the pre-trial investigation of crimes; - the classification and grouping method was used to study the organizational and legal means of ensuring the security of working with digital materials from open sources on the Internet (tactical and technical aspects).

Product Description

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Korniiko Stanislav M.

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2024-12-04