Electronic media as a source of obtaining electronic evidence in criminal proceedings

Introduction: this article is devoted to determining the essence and form of electronic media in criminal procedural evidence. The author's definition of the criminal procedural category “electronic media” is presented. Materials and Methods: general scientific research methods (dialectical-materialistic method of cognition, method of analysis and synthesis, deduction and induction), as well as special research methods (systemic and comparative legal methods) were used as the basis of the methodology of the study. Results: in the course of the study, conclusions were drawn on the diversity of approaches to the criminal procedural interpretation of the term “electronic media”, which, in turn, negatively affects the practice of implementing Article 164.1 of the Code of Criminal Procedure of the Russian Federation. Discussion and Conclusions: it can be stated with confidence that the use of electronic media in proving a criminal case is extremely important for the modern criminal proceedings. The specifics of working with electronic media, defined by the legislator in Article 164.1 of the Code of Criminal Procedure of the Russian Federation, in our opinion, need to be clarified, in particular, we draw attention to the need to develop a legal definition of the category “electronic media”. The analysis of the scientific doctrine of the criminal process allowed us to identify various views on the definition of the legal nature of electronic media in criminal procedural evidence. For example, electronic media are considered by some scientists as an object, by others as a technical means, or as a means of storing and transmitting electronic information. The current situation has predetermined the need to find the optimal content of the analyzed criminal procedure category. Thus, as a result of the conducted research, the author's definition of “electronic media” was proposed.