LEGISLATIVE STRUCTURE OF THE DEFINITION OF “ELECTRONIC EVIDENCE” IN THE CRIMINAL PROCESS OF THE RUSSIAN FEDERATION: PREREQUISITES FOR THE EMERGENCE AND PROPOSED VERSION OF REGULATION
Abstract and keywords
Abstract (English):
This article examines the phenomenon of “electronic evidence”, place in the doctrine of criminal procedure law and influence exerted by it on criminal procedure activity. The prerequisites of a theoretical, applied and social nature are noted that contribute to the formation and development of electronic evidence in the framework of the implementation of the criminal process. The author proposes his own version of the legislative consolidation of the definition of “electronic evidence” in the domestic criminal procedure legislation. At the same time, a detailed analysis of each structural element is carried out, from which the content of the condemned procedural institution is composed. Taking into account the results of the study, in order to improve the current Code of Criminal Procedure of the Russian Federation, prospects for a positive result are voiced, the achievement of which will directly depend on the possible legal regulation of the institution of “electronic evidence” in the criminal procedure law and its full functioning at various stages of the domestic criminal legal proceedings.

Keywords:
criminal process, electronic evidence, definition, legislative structure, prerequisites for the emergence, legal regulation, criminal procedural legislation
Text
Publication text (PDF): Read Download
References

1. Obidin K. V. Electronic Evidence: A Necessary Stage in Criminal Justice Development. Actual Problems of Russian Law, 2020, no. 15 (11), pp. 198-206. (In Russ.)

2. Pastukhov P. S. “Electronic evidence” in the normative system of criminal procedural evidence. Perm legal almanac. Annual scientific journal, 2019, no. 1, pp. 695-707. (In Russ.)

3. Vekhov V. B. Electronic evidence: problems of theory and practice. The rule of Law: history, theory, practice, 2016, no. 4, pp. 46-50. (In Russ.)

4. Voronin M. I. Electronic Evidence in the Criminal Procedure Code: To Be or not to Be? Lex Russica, 2019, no. 7, pp. 74-84. (In Russ.)

5. Nechaev V. D. Problems of using electronic evidence incriminal process. Young scientist, 2021, no. 18 (360), pp. 449-450. (In Russ.)

6. Zuev S. V. Electronic evidence in criminal proceedings: concept and meaning. Law and order: history, theory, practice, 2020, no. 3 (26), pp. 46-51. (In Russ.)

7. Code of Criminal Procedure of the Russian Federation no. 174-FZ of December 18, 2001 (as amended of October 30, 2018) (with amendments and additions, intro. effective of May 19, 2022). Collection of legislative acts of the RF, 2001, no. 52, part I, art. 4921. (In Russ.)


Login or Create
* Forgot password?