Investigation and Seizure of Electronic Media in the Production of Investigative Actions

Authors

DOI:

https://doi.org/10.26512/lstr.v13i2.25920

Keywords:

electronic media, investigator, defendant, seizure, inspection, search, seizure, criminal activity, electronic devices, court decision, appointment of expertise.

Abstract

[Purpose] This article is devoted to the study of the problem of authorization of the removal of electronic media according to Russian Criminal Procedure Code.

[Methodology] The methodological basis of this study is a set of methods of scientific knowledge, among which the main place is taken by the methods of historicism, consistency, analysis and comparative law.  The authors’ position is based on the legislation and opinions of the competent scientific environment on the need to use special knowledge in the investigation and seizure (copying) of electronic information relevant to the criminal case.

[Findings] Based on a legal analysis of the rules of criminal procedure authors argue the necessity to use specialists in the field of information and communication technologies in inspections, searches, and seizures. The systematization of rules-exceptions that must be observed by investigators during inspections, searches, and seizures is carried out. The questions of the evidentiary value of the results of electronic withdrawal are raised.

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Author Biographies

Vitaliy Vasyukov, associate professor of the Department of Criminal Law, Criminal Procedure and Forensic Science of the MGIMO of the Ministry of Foreign Affairs of Russia

Vasyukov is a well-known Russian forensic scientist, is an associate professor of the Department of Criminal Law, Criminal Procedure and Forensic Science of the MGIMO of the Ministry of Foreign Affairs of Russia, Doctor of Legal Sciences. In 2010 he defended his dissertation for the PhD. In 2018 he received the degree of Doctor of Legal Sciences. Present research interests include the problems of qualification, detection and investigation of crimes in the field of information and communication technologies. He is the author of more than 90 scientific, educational and methodical works.

Zarina Ilduzovna Khisamova, Krasnodar University of the Ministry of Interior of Russia

Khisamova is the head of scientific department of Krasnodar University of the Ministry of Interior of Russia. In 2016, she successfully defended her PhD thesis. She is a participant of international research conferences and forums, constantly reports her scientific developments and posts her articles in lead world publications. Her research interests include studying the problems of criminal law counteraction to IT crimes committed in the financial sector, criminal law protection of relations in the digital economy, and creating a regulatory environment for the introduction of new digital innovative products. She is the author of more than 50 scientific and educational works and is actively engaged in expert activities.

References

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Published

2021-09-07

How to Cite

VASYUKOV, Vitaliy; ILDUZOVNA KHISAMOVA, Zarina. Investigation and Seizure of Electronic Media in the Production of Investigative Actions. Law, State and Telecommunications Review, [S. l.], v. 13, n. 2, p. 78–88, 2021. DOI: 10.26512/lstr.v13i2.25920. Disponível em: https://periodicos.unb.br/index.php/RDET/article/view/25920. Acesso em: 20 nov. 2024.

Issue

Vol. 13 No. 2 (2021): Law, State and Telecommunications Review / Revista de Direito, Estado e Telecomunicações

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Articles

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