Computer data examination: the essence and procedural order

A. V.  Kovalenko

doi:10.32631/v.2023.3.41

A. V. Kovalenko Luhansk Educational & Scientific Institute named after E. Didorenko of the Donetsk State University of Internal Affairs https://orcid.org/0000-0003-3665-0147

DOI: https://doi.org/10.32631/v.2023.3.41

Keywords: criminal proceedings, proving, collection of evidence, investigative (search) actions, inspection, computer data.

Abstract

The article is devoted to clarifying the essence and procedural order of computer data examination in criminal proceedings. This type of examination, as defined by the Law of Ukraine No. 2137-IX dated 15.03.2022, is a novelty of criminal procedure legislation and requires theoretical elaboration. It is noted that the legislative consolidation of the types of examination should be determined by the need to establish specific procedural requirements for their conduct. It is specified that the direct object of such an examination is the audio-visual representation of computer data, which is defined as information contained in the storage device of an electronic computer in a format suitable for processing, transmission and interpretation by computer computing devices.

Within the framework of the article, the examination of computer data is distinguished from the examination of computer equipment (by the object criterion) and from the removal of information from electronic information systems (by the (non)secrecy criterion). The author emphasises that the procedural order of the analysed procedural action is regulated by Articles 104, 105, 223, 237 of the CPC of Ukraine, as well as the requirements for collection and verification of evidence (Chapter 4 of the CPC of Ukraine), the principles of criminal proceedings (Chapter 2 of the CPC of Ukraine) and other general provisions of criminal procedural legislation. The subjects of the computer data examination are the investigator, prosecutor, coroner, detective and operative officer (upon written order).

It is recommended to conduct the investigated procedural action involving a specialist. The computer data examination is defined as a public investigative (detective) action carried out by the prosecution with the use of electronic computing equipment by means of direct perception of audio-visual expression of computer data in order to obtain information about facts relevant to criminal proceedings.

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Author Biography

A. V. Kovalenko, Luhansk Educational & Scientific Institute named after E. Didorenko of the Donetsk State University of Internal Affairs

Candidate of Law, Associate Professor.
Department of Police Activities (professor).

References

Kovalenko, A. V. (2017). Peculiarities of the tactics of inspecting electronic documents during the pre-trial investigation of attacks on the life and health of journalists. Journal of the National Academy of Legal Sciences of Ukraine, 1(88), 182–191.

Hutnyk, A. V., & Khytra, A. Ya. (2022). Criminal procedural and forensic basics of using electronic documents in evidence. LvDUVS.

Zakharova, O. V. (2012). Peculiarities of conducting an inspection of seized computer equipment during the investigation of computer crimes. Investigative Practice, 3, 169–175.

Manzhai, O. V. (2016). Peculiarities of inspection of computer equipment. Bulletin of Kharkiv National University of Internal Affairs, 3(74), 111–120.

Oderii, O. V., Korona, S. O., & Samoilov, S. V. (2010). Tactics of investigative inspection of computer systems and their elements. Donetsk.

Stepaniuk, R. L., & Perlin, S. I. (2022). Digital forensics and improvement of the forensic technology system in Ukraine. Bulletin of the Luhansk State University of Internal Affairs named after E. O. Didorenko, 3(99), 283–284. https://doi.org/10.33766/2524-0323.99.283-284.

Shevchuk, V. (2022). Innovative Essence of Criminalistic and Prospective Directions of its Development. In H. Malewski, S. Matulienе, V. Shepitko et al., Developments of сriminalistics theory and future of forensic expertology: liber amicorum profesoriui Egidijui Vidmantui Kurapkai (pp. 152–168). Mykolas Romeris University.

Lukianchykov, Ye. D., & Lukianchykov, B. Ye. (2013). Investigative inspection: concepts and types. Legal Journal of the National Academy of Internal Affairs, 1, 264–269.

Stepaniuk, R. L., Husieva, V. O., Kikinchuk, V. V. et al. (2023). Forensics: forensic techniques. Kharkiv National University of Internal Affairs.

Veselskyi, V. K. (2012). Conceptual foundations of the tactics of investigative actions (investigative inspection, interrogation, appointment and conduct of forensic examinations). Combating Organized Crime and Corruption (Theory and Practice), 2, 151–158.

Volobuiev, A. F., Stepaniuk, R. L., Maliarova, V. O. (Eds). (2017). Forensics (Vol. 1). Kharkiv.

Kovalenko, A. V. (2023, April 28). To the question of distinguishing between the review of computer equipment and the review of computer data [Conference presentation abstract]. All-Ukrainian Scientific and Practical Conference “Criminal justice: current state and prospects for development”, Kyiv, Ukraine.

Nor, V. T. et al. (2020). Great Ukrainian legal encyclopedia (Vol. 19). Right.

Babikov, O. P. (2022). Covert investigative (search) actions: legal regulation, organization of conduct, tactics, samples of procedural documents. Interservis.