Юридичний часопис Національної академії внутрішніх справ (Mar 2023)
Modern Possibilities of Forensic Examinations in the Investigation of Unauthorized Interference in the Work of Computers, Automated Systems, Computer Networks or Telecommunication Networks
Abstract
The purpose of the study is to highlight the possibilities of using forensic science in criminal proceedings for unauthorized interference in the work of computers, automated systems, computer networks or telecommunications networks. Methodology. The article uses empirical and theoretical research methods. Among the empirical methods used surveys of employees of operational units of cyberpolice and forensic experts of the Ministry of Internal Affairs, analysis of data from the open part of the Unified State Register of Judgments. Theoretical methods were analysis and synthesis, analogy, comparison, generalization. Scientific novelty. The methodology of research of a trace picture of a crime provided by Art. 361 of the Criminal Code of Ukraine using the possibilities of forensic research of various kinds to record and study the physical traces of the crime, as well as the appointment of a comprehensive forensic examination of computers, software, telecommunications systems and their tools. The necessity of improvement of normative acts taking into account the methods of research of computer equipment and software products is substantiated. Conclusions. 1. The results of forensic research are a key element of the evidence base of the prosecution in criminal proceedings for unauthorized interference with computers, automated systems, computer networks or telecommunications networks. 2. The use of specialized knowledge in the pre-trial investigation of cybercrime is an integral part of achieving the objectives of criminal proceedings. 3. Regulatory and legal support of forensic activities to meet the needs of pre-trial investigation needs to be improved taking into account modern leading methods of expert research.
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