THE PECULIARITIES OF THE INVOLVEMENT OF A SPECIALIST DURING THE INVESTIGATION OF CRIMINAL OFFENSES COMMITTED IN CYBERSPACE

Abstract

The article examines the peculiarities of the involvement of a specialist during the investigation of criminal offenses committed in cyberspace. The current legislation of Ukraine is analyzed in the context of engaging a specialist to provide direct technical assistance (photographing, drawing up schemes, plans, drawings, selection of samples for examination, etc.) by the parties to criminal proceedings during the pre-trial investigation and by the court during the trial, as well as to provide conclusions in the cases provided for in Clause 7,
Part 4 of Art. 71 of the Criminal Procedure Code of Ukraine.

It is noted that in criminal proceedings regarding criminal offenses committed in cyberspace, written explanations of a specialist are an additional way of confirming the source of the formation of such evidence as a document - an electronic information carrier.

It is noted that in the absolute majority of proceedings, explanations are provided by full-time employees of the cyber police who are specialists in information technologies or electronics and telecommunications and were involved in the procedural status of a specialist during the inspection of the scene.

It was established that to participate in the inspection of the scene of the incident as specialists in the considered category of criminal offenses, employees of the pre-trial investigation bodies of the police and the Expert Service of the Ministry of Internal Affairs of Ukraine are involved. When conducting investigative (search) actions related to the inspection and seizure of technical means with signs of special technical means of covertly obtaining information, specialists in the field of special technical means are involved (employees or employees of the Center for Forensic and Special Expertise and separate expert units of the Ukrainian Research Institute special equipment and forensic examinations of the Security Service of Ukraine).

It has been proven that the successful investigation of criminal offenses committed in cyberspace is directly related to the proper collection and research of information, and resistance to its theft or destruction, which indicates the commission of the considered category of criminal offenses. At the same time, it is worth taking into account the procedural features of involvement and qualification requirements for persons who can be involved as specialists, in particular in terms of: 1) special knowledge, which includes technical knowledge in the field of computer technologies and for which specialists are trained in institutions of higher education of Ukraine (informatics, computer sciences, computer engineering, software engineering, system engineering, automation and computer-integrated technologies, security of information and communication systems, technical information protection systems, information security management, cyber security, decision support systems); 2) legal knowledge (criminology, criminal process, regulatory acts regulating activities in the field of computer technology use).