Reforming Electronic Evidence Management in Ukraine's Criminal Justice System
Authors/Creators
-
1.
Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine
- 2. Odesa State University of Internal Affairs
- 3. European University
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4.
Interregional Academy of Personnel Management
Description
Purpose: The aim of this research is to identify strategic pathways for reforming the electronic evidence (e-evidence) management system within Ukraine's criminal justice system, addressing the legal and procedural friction between static national doctrines and the volatile nature of digital evidence amidst European integration and armed conflict.
Design/methodology/approach: The study employs a comprehensive legal analysis, including a normative analysis of the Ukrainian Criminal Procedure Code and a comparative legal approach. Ukraine's ongoing reforms are benchmarked against EU standards (specifically France, Sweden, and Estonia) and Canada, evaluating alignment with the EU e-evidence package and the Second Additional Protocol to the Budapest Convention.
Findings: The study conceptualizes the "moving target" phenomenon, revealing that while Ukraine remains focused on first-generation admissibility issues, benchmark nations are already legislating solutions for advanced challenges like encryption and cross-border data access. Key technological and procedural gaps hinder effective digital evidence management in Ukraine.
Academic contribution to the field: The paper advances legal theory by structuring the generational disparity in e-evidence processing between transforming legal systems and modern international standards, bridging the gap between domestic procedural law and international technical standards.
Practical implications: The study provides a forward-looking reform framework for legal practice, offering actionable recommendations for judicial integrity, legislative alignment, and capacity building in digital forensics for practitioners during peacetime and wartime conditions.
Originality/significance/value: The novelty of this research lies in framing Ukraine's EU legal harmonization as a dynamic, moving target, demonstrating that effective reform requires leapfrogging directly to second- and third-generation evidentiary frameworks.