Withdrawal of electronic media in the course of investigations: legal developments and law enforcement issues

Research on the seizure of electronic data carriers is of key importance for proving in a criminal case, particularly in the investigation of economic crimes, drug trafficking and in the area of computer information. In this connection, the author's goal in the article of a criminal law nature is the following: a study of the procedural institute of «electronic seizure», analysis of problems of its enforcement in court practice. The methodological basis for this study is a set of methods of scientific cognition, among which the main methods are historicism, consistency, analysis and comparative law. The results of the survey are as follows. The author's justified position in this work is based on legislation and the opinions of the competent scientific environment on the need to use special knowledge in research and the seizure (copying) of electronic information relevant to a criminal case. On the basis of a legal analysis of the norms of criminal procedure law, the systematisation of rules and exemptions that investigators must observe during inspections, searches and seizures is being carried out. Questions are being raised about the evidentiary value of the results of electronic seizure. As a result of this study, it was found that the institute of «electronic seizure» is quite young and has not been sufficiently tested in investigative and judicial practice. It was found that the need for specialists in the field of information and communication technologies has increased to a large extent due to the increased use of computer devices by defendants and victims. At the same time, special knowledge must be applied to the appropriate extent both when removing the simplest devices - flash drives, modems and hard drives - and when removing smartphones, laptops, stationary computers and servers.

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