LEGAL BASIS for COLLECTION and attachment OF DIGITAL INFORMATION as PROOF IN CRIMINAL CASES IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The constantly increasing volume of natural science, technical and other knowledge at the present stage determines the technical saturation of the criminal process in the investigation of crimes. The increasing complexity of forensic tools used in the collection and consolidation of digital traces of crime and evidence, the extensive instrumentalization of expert research methods, determines the need for a set of issues related to the use of special knowledge by participants in the criminal process. The purpose of this study is to identify, generalize and analyze the theoretical and practical aspects of the legal grounds for collecting and consolidating digital information in proving criminal cases, taking into account world experience and the opinions of scientists. The issues of legal grounds for collecting, consolidating digital information in proving in criminal cases in the realities of the current legislation of the Republic of Kazakhstan is highlighted in this article. The historical aspects of the development of collecting evidence are also reviewed. In addition, the problems associated with the search, consolidation and application of digital information in evidence in criminal cases are addressed. Covert investigative actions aimed at collecting digital information are discussed. The author concludes that it is necessary to consolidate the concept of “Investigative actions” in the criminal procedural legislation, as well as investigative actions such as “Inspection” are not applicable to the collection of evidence in the form of digital information. Thus, authorization of investigative actions in the form of a search and seizure is required when receiving digital information.