Procedural and organizational aspects of electronic evidence collection during international cooperation

نویسندگان

چکیده

The article is devoted to issues of international cooperation during criminal proceedings and features electronic evidence collection, which are managed by a foreign service provider. Criminal Procedure Code Ukraine does not contain definition evidence, but justice increasingly faced with the need collect, evaluate use such for sentencing. lack normative certainty contribute unity judicial practice, issue evaluating obtained within framework legal assistance especially acute. In situations, it necessary assess legality law enforcement agency's activities, compliance conventional guarantees human rights compliance, fulfillment obligations exclusively in was obtained, check fact repeated appeals central body another state request permission other proceedings, when arose, etc.
 Courts consider prosecutor's requests temporary access data or conduct search, sometimes making mistakes specifying jurisdiction where originated consequences activity occurred. Procedural requirements, provided acts, determine apply whose territory entity that owns, accumulates manages located. content submitted court must be substantively consistent type method obtaining jurisdiction, always taken into account (request preservation evidence/preservation evidence).
 collection takes place through complex procedure interaction between agencies, providers, liaison officers, attaché officers working embassies different states. Therefore, addition procedural aspects, advisable take legislation states effective organizational rules (the most channels study gaps current recommendations experts contributes formation holistic theoretical vision consolidation mutual introduction proposals mechanism special Ukraine.

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ژورنال

عنوان ژورنال: Naukovij vìsnik Užgorods?kogo nacìonal?nogo unìversitetu

سال: 2022

ISSN: ['2664-6153', '2307-3322']

DOI: https://doi.org/10.24144/2307-3322.2022.72.64