E-Evidence in Ukrainian Criminal Justice: Exploring the Legal Realities and Theoretical Perspectives

Abstract

This article delves into the intricate domain of electronic evidence (e-evidence) within the Ukrainian criminal justice system. The primary objective is to comprehensively dissect the multifaceted legal intricacies surrounding e-evidence, including its position and significance in Ukraine’s ongoing quest for European integration and its response to the persistent armed conflict. The article extensively examines the intricate complexities of e-evidence, exploring its pivotal role within the broader framework of procedural sources of evidence. It also scrutinises its interaction with traditional forms of evidence, shedding light on the evolving landscape of legal practices in a digital age. The article emphasises the urgent imperative for substantial enhancements in Ukraine’s legal framework governing e-evidence. The existing framework falls short of contemporary standards, posing substantial impediments to effective law enforcement and judicial prosecution in this era of rapid technological advancements. To ensure accountability for past transgressions and to sustain the principles of the rule of law during the post-war era, Ukraine must harmonise its legal system with modern approaches to handling e-evidence. In summary, this article offers a comprehensive and insightful analysis of the intricacies surrounding electronic evidence in the Ukrainian criminal justice system. It addresses critical legal dimensions, acknowledging their importance as Ukraine navigates a path towards integration with European legal standards and grapples with the ramifications of a prolonged armed conflict. The exploration presented here is a significant step towards a more profound understanding of the role and challenges of electronic evidence in the contemporary legal landscape.

Keywords

• criminal procedure law
• electronic evidence
• digital evidence
• justice
• accountability
• Ukraine