Modernizing Electronic Evidence Protocols in Ukraine's Criminal Justice System: A Strategic Path Forward

This article comprehensively examines the procedural, legal, and operational frameworks governing electronic evidence in Ukraine's criminal justice system. Driven by the need for systemic reform, the study uses a qualitative methodology, focusing exclusively on criminal proceedings. It draws upon a review of current legislation, analysis of 50 recent criminal cases, and interviews with 47 practitioners, including judges, prosecutors, and digital forensics experts. A comparative analysis with international standards pinpoints statutory deficiencies. Findings reveal critical obstacles: an ambiguous framework categorizing volatile digital data as static physical documents, insufficient professional training leading to the destruction of volatile memory, and severe technological shortfalls. By segmenting cases into cybercrimes, complex financial fraud, and international war crimes, the study quantifies how statutory ambiguities compromise digital evidence admissibility. Practitioner testimonies highlight the disparity between legislative theory and investigative reality. The analysis identifies international practices adaptable to the Ukrainian context. The article concludes that modernization encompassing updates to the Criminal Procedure Code, tiered training initiatives, and technologically neutral forensic standards is necessary to uphold the justice system's integrity and effectiveness.