To the question of use of electronic data storage devices in criminal procedure

The article deals with procedural possibilities for the use of different types of electronic data, including electronic data storage devices. Under the conditions of dynamic development and the extending use of electronic data storage devices, criminal trial faces more and more urgent and demanded tasks of receiving and saving information from electronic data storage devices, and of developing the procedural rules of transformation of the obtained data into proofs. The Criminal Procedure Code of the Russian Federation operates with such concepts as "electronic control devices", "e-mail", "electronic messages", "digital signature", "the strengthened qualified digital signature", " electronic document", "the document drawn up in the electronic way" "electronic data storage devices" without establishing an accurate regulation for their use in appropriate cases. The research of electronic data storage devices in the course of investigative operations and transformation of the received data in proofs cause the greatest number of questions. Having analyzed the types of electronic data storage devices and the algorithm for obtaining data from different types of devices, the authors conclude that traditional legal rules for search and seizure cannot be applied to such systems of storage as network and cloudy media due to their specificity. Nowadays, regulations on the withdrawal of electronic media of information, without analysis of distinctions between them "are built in" the existing rules of traditional investigative actions (search and seizure). Whereas network storages, Paas, IaaS, cloudy storages, SMS allow to obtain only information, without the possibility of extracting electronic media, it is impossible to carry out any necessary procedural "manipulations" for giving such electronic media the status of physical evidence. The officer involved in criminal proceedings will have only the information without its material storage device and this requires some other procedural registration for preserving the evidentiary value of such information. Their research during criminal legal proceedings requires a specialized mechanism, procedural form, and a detailed regulation with fixing in separate procedural (investigative) action (in the form of "a special type" of seizure of electronic information (without receiving the storage device) - for cloudy storages, or in the form of expert examination in the location of database of DPC).

Keywords

Authors

References