PROBLEMS OF COLLECTING ELECTRONIC EVIDENCE BY THE PARTY OF DEFENSE

Abstract

The article analyzes the right of the defender to collect and present evidence at the pre-trial stages of criminal proceedings as one of the main ways to implement the principle of adversarialism, to ensure equality of parties in criminal proceedings. In the framework of a systematic analysis of the epistemological nature of the process of proof, the author comes to the conclusion that the powers of the defender, specified in the criminal procedural law as ways of collecting evidence, have a different procedural essence. The author's position is that only state bodies are the subjects of collecting evidence, and for the defense party another way of exercising the right to participate in proving is provided-the presentation of evidence. Examples are given from the investigative and judicial practice, illustrating the problems arising in the course of implementation by the party protecting their rights, and confirming the legal incompleteness of their procedural regulation. The peculiarities of collecting electronic evidence by the defense party on the Internet are considered, the necessity of adopting legislative provisions ensuring its fixation is argued.