Legal Mechanisms for Cross-Border Access to Electronic Evidence: Problems of Forensic Practice

This article examines the legal and forensic support for cross-border access to electronic evidence in the context of the globalization of modern crime. It examines the growing gap between the speed of cybercrime and traditional mechanisms of mutual legal assistance, leading to the systemic ineffectiveness of formal procedures. The advantages of the Russian approach, based on respect for the sovereign powers of states and mutual legal assistance based on the UN Convention against Cybercrime, are presented. Key forensic challenges are identified: ensuring the authenticity of data transmitted across multiple jurisdictions, end-to-end encryption, traffic anonymization, and the use of OSINT. The article substantiates the need to shift from a territorial principle to the principle of legal data availability, the legalization of remote cross-border access, and the implementation of digital evidence depositories based on blockchain technologies. Specific amendments to the Criminal Procedure Code and the Federal Law «On Operational Investigative Activities» are proposed, including the institution of urgent authorization, mass monitoring of the digital environment, and the legalization of remote access to data.