Поняття та класифікація електронних доказів у кримінальному процесі у країнах світу

In the context of digital transformation, electronic evidence plays an extraordinarily important role in criminal proceedings. The development of information technologies and the widespread use of digital communications have significantly altered the nature of evidence that can be used in legal proceedings. Electronic evidence encompasses a wide range of digital information, including emails, mobile device data, computer files, video recordings, surveillance camera footage, social media data, and other forms of electronic information. These pieces of evidence are crucial for establishing facts of a crime, as well as identifying the subject, circumstances, and consequences of a criminal offense. This article provides a comprehensive analysis of the concept of electronic evidence, its classification, and the peculiarities of legal regulation in various countries around the world. Special attention is given to countries such as the United States, the United Kingdom, Canada, Australia, Germany, and Japan. A comparative analysis of legal norms regulating the use of electronic evidence in these countries is conducted, allowing for an examination of different approaches to the collection, preservation, authentication, and use of digital evidence. Each of the countries analyzed has its own specific requirements and procedures related to electronic evidence, but a common trend is observed—the need to ensure the reliability and authenticity of data. The study addresses key issues related to the use of electronic evidence, such as ensuring its procedural admissibility, protecting human rights during the collection and use of data, and addressing issues of confidentiality and data security. Specifically, the article analyzes the authentication of electronic evidence, as well as its compliance with procedural requirements established by national and international norms. The article also provides a detailed examination of legislative approaches to electronic evidence in different jurisdictions. In the United States, the Federal Rules of Evidence play a key role in defining procedures for establishing the credibility of digital data, while in the United Kingdom, the Criminal Justice Act 2003 regulates the admissibility of electronic evidence in court. Canadian legislation, including PIPEDA and the Criminal Code of Canada, establishes strict requirements for the collection and processing of electronic evidence. In Australia, important provisions are contained in the Electronic Transactions Act 1999, which regulates the use of electronic documents in legal proceedings. In Germany, the Strafprozessordnung (Code of Criminal Procedure) provides rules for electronic evidence, while in Japan, laws related to confidentiality and information security in the digital environment play a significant role. The article also highlights issues related to international cooperation and the harmonization of legal norms between countries, particularly in terms of exchanging electronic evidence and recognizing its validity within international legal frameworks. The balance between ensuring the security and confidentiality of information and the rights of individuals affected by such evidence is also discussed. Recommendations are made for improving the legal framework, adapting national legislation to the challenges of the digital age, enhancing the effectiveness of international cooperation in this field, andcreating universal standards for the collection and analysis of electronic evidence.

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