- computer; automated system; computer network; telecommunication network4 unauthorized interference with computers; cybercrime; forensic examination.
- https://doi.org/10.33270/04202002.81
- Pages 81-89
The purpose of the study is to highlight the possibilities of using forensic science in criminal proceedings for unauthorized interference in the work of computers, automated systems, computer networks or telecommunications networks. Methodology. The article uses empirical and theoretical research methods. Among the empirical methods used surveys of employees of operational units of cyberpolice and forensic experts of the Ministry of Internal Affairs, analysis of data from the open part of the Unified State Register of Judgments. Theoretical methods were analysis and synthesis, analogy, comparison, generalization. Scientific novelty. The methodology of research of a trace picture of a crime provided by Art. 361 of the Criminal Code of Ukraine using the possibilities of forensic research of various kinds to record and study the physical traces of the crime, as well as the appointment of a comprehensive forensic examination of computers, software, telecommunications systems and their tools. The necessity of improvement of normative acts taking into account the methods of research of computer equipment and software products is substantiated. Conclusions. 1. The results of forensic research are a key element of the evidence base of the prosecution in criminal proceedings for unauthorized interference with computers, automated systems, computer networks or telecommunications networks. 2. The use of specialized knowledge in the pre-trial investigation of cybercrime is an integral part of achieving the objectives of criminal proceedings. 3. Regulatory and legal support of forensic activities to meet the needs of pre-trial investigation needs to be improved taking into account modern leading methods of expert research.
References
[1] Arseniuk, T.M., Beliak, Yu.M., & Boiarov, V.I. (2005). Examinations in judicial practice. Kyiv: Yurinkom Inter.
[2] Boichenko, S.B., Boiarov, V.I., & Budko, T.V. (2015). Expertise in the judicial process of Ukraine. Kyiv: Yurinkom Inter.
[3] Borysova, L.V., Bilenchuk, P.D., & Malii, M.I. (2020). Examination as a means of establishing the facts and circumstances of committing transnational computer crimes. Forensics and Forensics, 65, 230-239.
[4] Dufeniuk, O.M. (2019). Ensuring forensic activity in criminal proceedings: A systemic paradigm. Bulletin of Lviv University of Trade and Economics, 8, 163-173.
[5] Kliuiev, O.M. (2019). Improving the expert support of justice: Theoretical, legal and organizational aspects. Theory and Practice of Forensic Science and Criminology, 19, 102-117.
[6] Criminal Code of Ukraine No 2341-III. (2001, April). Retrieved from https://zakon.rada.gov.ua/laws/ show/2341-14
[7] Marchuk, A.I. (1997). Forensic medicine. Kyiv: Heneza.
[8] Mishalov, V.D., Khokholieva, T.V., & Bachynskyi, V.T. (2018). Forensic medicine. Chernivtsi: Misto.
[9] Order of the Ministry of Health of Ukraine “Instructions for forensic examination” No. 6. (1995, January). Retrieved from https://zakon.rada.gov.ua/laws/show/z0254-95
[10]Order of the Ministry of Justice of Ukraine “Instructions on the appointment and conduct of forensic examinations and expert studies” No. 53/5. (1998, October). Retrieved from https://zakon.rada.gov.ua/ laws/show/z0001-13#Text
[11]Disclosure of public information. (2020). Retrieved from https://www.npu.gov.ua/activity/zviti/ oprilyudnennya-publichnoji-informacziji.html
[12]Register of methods of forensic examinations. (2020). Retrieved from http://rmpse.minjust.gov.ua
[13]Salnyk, S.V., Storchak, A.S., & Kramskyi, A.Ye. (2019). Analysis of vulnerabilities and attacks on state information resources processed in information and telecommunication systems. Information Processing Systems, 2(157), 121-128.
[14]Yakovliev, O.V. (2019). The role of the prosecutor – procedural manager of the pre-trial investigation in the appointment of forensic examination and evaluation of its results. Forensics and Forensics, 64, 350-360.
[15]Law of Ukraine “About forensic examination” No. 4038-XII. (1994, February). Retrieved from https:// zakon.rada.gov.ua/laws/show/4038-12