ПРОБЛЕМЫ ДОПУСТИМОСТИ И ОЦЕНКИ ЦИФРОВЫХ ДОКАЗАТЕЛЬСТВ В УГОЛОВНОМ ПРОЦЕССЕ ПО ДЕЛАМ О КИБЕРПРЕСТУПЛЕНИЯХ

Abstract

The article examines the theoretical and practical issues of the admissibility of digital evidence and its assessment during the investigation and trial of criminal cases on cybercrimes. In the context of the rapid development of information technologies and the digitalization of society, the increase in the number of cybercrimes poses new challenges for law enforcement agencies. Electronic documents, server logs, computer files, data on mobile devices, network traffic and other digital data are of significant evidentiary value in the detection and proof of such crimes. The study examines the legal nature of digital evidence, its features, place in the evidence system and its role in the criminal process. In addition, the issues of compliance with legal requirements when collecting, registering, storing and presenting digital information, ensuring the authenticity and integrity of evidence are analyzed. The author assesses the impact of procedural violations committed during the collection of digital evidence on its validity and determines the criteria for its assessment by the court. Based on a comparative analysis of international experience and the criminal procedure legislation of the Republic of Kazakhstan, recommendations are developed aimed at improving the mechanisms for using digital evidence. The research findings are aimed at increasing the efficiency of cybercrime investigations, improving the evidentiary process, and ensuring the quality of criminal justice.