Problems of withdrawal of electronic media of information in the domestic criminal process

The main purpose of this study is to form an understanding of the current criminal procedure regulation of the regime of seizure of electronic media of information and copying information from them in the course of certain investigative actions, taking into account the existing doctrine and provisions of the domestic criminal procedure legislation. Within the framework of this goal, the following tasks were solved: an analysis and generalization of scientific material on problems related to electronic media in criminal proceedings was carried out; the provisions of the current criminal procedural legislation of the Russian Federation, which are related to the procedure for the seizure of electronic media of information and copying information from them during the production of certain investigative actions, were critically studied; the development of ways of solving the existing problems in the course of the withdrawal of electronic information carriers and copying information from them is proposed. In the presented study, traditional general (dialectical, formal-logical) and private (legal-dogmatic, interpretation of legal norms, comparative legal, descriptive, interpretive) methods of scientific cognition were used, which contributed to the acquisition of new knowledge about electronic media in the criminal process, the decision some problems arising in law enforcement in connection with the seizure of electronic media of information and copying information from them. As a result of the conducted research: the necessity of solving the problem of legislative definition of the concept of "electronic media" is stated; the importance of proper regulation of the procedural procedure for the seizure of electronic media of information and copying of information from them in the course of pre[1]trial proceedings in criminal cases on crimes committed in the field of entrepreneurial activity is noted; the importance of the participation of specialists in the seizure of electronic media is substantiated; analyzes doctrinal approaches on the essence and legal nature of copying information from electronic media; the points of view existing in science regarding investigative and procedural actions related to the withdrawal of electronic media and copying information from them are critically evaluated. The following main conclusions are formulated: 1) information technologies in a developing post-industrial society are gradually being introduced into all spheres of human activity, the dynamics of indicators of crimes committed using the digital environment is also growing, however, criminal procedural legislation regulates activities for the seizure of the use of electronic media on the basis of rules developed even before the emergence of the latest and modern technologies, and does not always take into account the specifics of the constantly changing digital information; 2) the problem of the seizure of electronic media in criminal proceedings has recently attracted the attention of scientists, which is explained by the increase in its importance in modern conditions from the point of view of ensuring guarantees for participants in criminal procedural legal relations. At the same time, in the field of scientific research of the procedural order of seizure and copying of electronic media, certain stereotypes have developed, the doctrine lacks a holistic approach to the study of this problem, which indicates the need for its formation; 3) taking into account the dynamic development of criminal procedural legislation, legal relations related to the seizure of electronic media are undergoing changes and require their decision, especially in criminal proceedings on crimes in the field of entrepreneurship and other economic activities; 4) the procedure for the production of investigative and procedural actions related to the seizure of electronic media of information, its copying, storage and use in evidence requires more detailed elaboration in the domestic criminal procedure legislation.

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