MODERN PARADIGM OF THE FORENSIC SIGNIFICANCE OF DIGITAL TRACES IN CRIMINAL PROCEEDINGS

Abstract

The article examines the nature of digital traces as elements of the 
information environment created by criminal activity in the digital space. It 
establishes that digital traces can serve as forensically significant sources of 
information capable of revealing the mechanism of the crime, the identity of the 
offender, the circumstances of the incident, and other relevant details vital for 
evidence. The distinction between digital traces and traditional material carriers 
of trace information is clarified, particularly their instability, intangibility, 
susceptibility to external interference, and the difficulty of fixation. It is 
highlighted that these features necessitate adapting current forensic methods and 
developing new techniques for the fixation, verification, preservation, and 
evaluation of digital information as evidence. Several critical issues related to 
regulatory frameworks for handling digital traces in criminal proceedings are 
outlined, including the absence of a clear definition of electronic evidence, vague 
admissibility criteria, and inadequate procedural documentation of actions 
involving digital media. The need to unify terminology and procedures in line with 
international standards, especially those outlined in the Budapest Convention and 
the recommendations of the Council of Europe, is also emphasized.