FORENSIC ASPECTS OF THE SUBJECT OF PROOF IN FRAUD CRIMES COMMITTED USING INFORMATION TECHNOLOGIES

Abstract

This article analyses the system of circumstances that constitute the subject of proof and must be established when investigating fraud committed through the use of information technologies. The sharp increase in this type of crime and the forensic challenges arising in investigative practice clearly demonstrate the relevance of research in this area. The article systematises the general circumstances set out in Articles 82–83 of the Criminal Procedure Code of the Republic of Uzbekistan on the basis of forensic theoretical approaches developed by foreign scholars, as well as relevant international legal instruments, including the Budapest Convention and the FATF Recommendations. The study substantiates the significance of IP addresses, MAC addresses, and device identifiers in establishing the identity of an offender, as well as the need to ensure the integrity of digital traces. Practical and theoretical recommendations are proposed for determining the method of commission of the offence, the instruments and means used, and the circumstances that contributed to its commission. The discussion also considers the absence in Uzbek legislation of a separate qualifying element specifically applicable to this type of offence. The article concludes that the comprehensive and interconnected establishment of these circumstances is a key condition for improving the effectiveness of investigations and puts forward proposals for further improvement of the legislation.