Journal article Open Access

Necessity of Introduction of Electronic Criminal Proceedings

N.S. Topchii

The article deals with the necessity of introduction of electronic criminal proceedings in Ukraine. It is noted that today Ukrainian criminal procedural legislation has introduced mixed or partially electronic criminal process, that is, paper proceedings with elements of electronic fixation. In the process of formation of electronic criminal proceedings, which has recently started in Ukraine, it is important to properly use the benefits of electronic document management.

Another advantage of the use of electronic criminal proceedings, to which the EED is integrated, is the instant exchange of documents between law enforcement and judicial authorities.

The time of drafting the electronic document should reflect the time of the decision in criminal proceedings or the completion of the investigative (investigative) action. The legislation stipulates that the electronic document must contain temporal differences in the conduct of investigative (investigative) action or making procedural decision with the moment of their documentary fixation. In view of the criminal proceedings, any procedural document in electronic form can be considered as documented data (information), which is being signed, and the investigator (detective, prosecutor, investigating judge) and other participants in the criminal proceedings - the signatories, ie persons who sign this document using a personal digital signature. The electronic digital signature of the investigator (prosecutor, investigating judge) and the other participant in the criminal proceedings can be verified with a public key, which will allow the author and / or signatory of the procedural and / or other document to be identified.

It is stated that when in accordance with the requirements of the CPC of Ukraine it is necessary to certify with the seal the authenticity of the signature on the documents and the correspondence of copies of the documents to the originals, as well as to ensure the integrity of electronic data and to identify the institution as a signer (author) of the issued documents in electronic form, to carry out information exchange with other law enforcement agencies and legal entities institutions (law enforcement, prosecutor's office, court, etc.) use a specially designed digital e-mail for such purposes.

It is concluded that the introduction of an electronic document circulation system will facilitate the further formation of domestic electronic criminal proceedings, prompt and efficient drafting of procedural documents at the time of the procedural decision, will accelerate the process of document exchange between law enforcement and judicial authorities, as well as allow increasing the criminal level process.

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