STORAGE OF PHYSICAL EVIDENCE IN CRIMINAL PROCEEDINGS: PROBLEMS OF DETERMINING THE NATURE, PLACE AND TIME
Abstract and keywords
Abstract:
The problems associated with the storage of material evidence in criminal proceedings are investigated. The essence, place and time of storage of material evidence are analyzed, both traditional and new types of evidence (including electronic media and digital traces) are considered. Based on the analysis of the norms of the Code of Criminal Procedure of the Russian Federation (primarily art. 81 and 82), as well as by-laws regulating the procedure for storage, judicial practice, various points of view, the content of the concept of «storage of material evidence» is disclosed, its difference from related categories is shown; procedural and organizational and legal aspects of storage are considered; features of storage of various categories of evidence (bulky items, perishable goods, biological objects, electronic material evidence) are distinguished; indicate problems arising from the storage of evidence (risk of data loss, the need for specialized equipment, confidentiality, etc.); ways to improve legal regulation are proposed: systematization of the norms of the Code of Criminal Procedure of the Russian Federation, clarification of the list of material evidence, development of uniform storage standards, simplification of procedures for transfer to storage to third parties, establishment of clear storage periods.

Keywords:
physical evidence, storage of physical evidence, criminal proceedings, criminal procedure law, electronic physical evidence, nature of storage, place of storage, time of storage, procedural actions, digitalization
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References

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