LEGAL AND PRACTICAL CHALLENGES IN COLLECTING DIGITAL EVIDENCE DURING THE PRE-INVESTIGATION STAGE

Abstract:

This article analyzes pressing issues in collecting electronic information and its carriers during the pre-investigation stage. The author evaluates the practical significance of 2024 amendments to the Criminal Procedure Code and identifies systemic deficiencies in handling digital evidence during personal searches and seizures, crime scene examinations, and expert appointment procedures. Based on court practice and survey results, it demonstrates that procedural norms incompatible with the fragile nature of electronic data lead to legal violations and inadmissibility of evidence. The article presents concrete proposals for improving current legislation.