Electronic evidence in criminal proceedings: experience of foreign countries and Russian prospects.

The subject of the research is electronic evidence in criminal proceedings. The object of the research consists of legal relationships arising in the course of using electronic evidence in the proof of a criminal case. The author examines such aspects of the topic as the definition and characteristics of electronic evidence, as well as ways to confirm their authenticity. The analysis is conducted both in the context of the Russian legal system, where electronic evidence does not yet have an independent regulation, and in foreign legal systems that have already developed specific norms. A comparative aspect examines the approaches of China, India, Brazil, the USA, and other countries, which allows for the identification of development trends and the proposal of directions for improving Russian legislation. The work aims to form a holistic understanding of the place and role of electronic evidence in modern criminal proceedings. The methodology of the research is based on the use of general scientific and specific scientific methods of cognition. The legal-dogmatic method is applied to interpret the content of legal norms. The formal-logical method was used to identify and study the characteristics of electronic evidence. The method of comparative legal studies allowed for the examination of foreign experience in regulating electronic evidence. The scientific novelty of the research lies in the study of relevant foreign approaches to electronic evidence and their authenticity. Various approaches have been identified that are used to ensure the authenticity and integrity of electronic evidence applied in global practice. It has been established that in most countries, considerable attention is paid to verifying the integrity of electronic evidence, and special procedural rules are introduced that allow for the objective confirmation of the preservation of evidence through digital means (electronic signatures, checksums). Based on the research results, the author formulated a definition of electronic evidence that takes into account approaches to ensuring their integrity and authenticity. A classification of electronic evidence is proposed concerning the extent to which their equivalence to original information is confirmed by digital verification means. The obtained results can be used to develop approaches to ensuring the authenticity of electronic evidence in the Russian criminal process through digital technologies.

electronic evidence, proof, criminal process, criminal procedure, digitization, comparative law, reliability of electronic evidence, integrity of electronic evidence, electronic signature, checksum