Judicial evaluation of complaints filed by the defense (using the example of criminal cases involving the examination of electronic media)

In the article the author carries out the analysis of the theory and practice of the court decision-making, connected with detection of violations during withdrawal of electronic data carriers and copying of electronic information in criminal cases. Objective and subjective reasons for a large number of refusals to satisfy complaints lodged by the defense were revealed. The presence of accusatory bias in practice is asserted, the imperfection of the law, high workload of judges, insufficient professionalism is determined, which cannot but affect the quality of judicial evaluations. The necessity to change the situation at the expense of changes and additions in the law of criminal procedure, studying of positive experience, increase of professionalism and “breaking” of the established stereotypes of thinking of persons responsible for decision-making in criminal cases is substantiated.