Цифрова криміналістика у період війни в Україні: можливості використання спеціальних знань у сфері інформаційних технологій

Abstract

War has long gone beyond classical understanding and includes itself and cyberwar. After all, the failure of critically important facilities infrastructure is possible not only through physical destruction with the help of various types of weapons, but also by destroying information systems that manage such facilities. That is why a decision was made in Ukraine creation of cyber troops and the National Coordination Center with cyber security. Such units are already operating in Germany, Poland, Estonia, Israel. In addition, a significant amount of information is available on the Internet, which can potentially, under certain conditions, be used as evidence committing war crimes. However, not enough researched and the rules for collecting such evidence are normatively fixed. In this sense it is the so-called Berkeley Protocol developed by the law school is known of the University of California in Berkeley together with representatives of the United Nations. Protocol Berkeley contains basic provisions on international standards of remote investigation, forensic means of collection, analysis and storage electronic traces and digital information in compliance with professional, legal and ethical principles. At the same time, it is very important to have synergy between the Ukrainian and European experience in matters of criminal investigation offenses during military operations on the territory of Ukraine. Especially in the context of the expansion of the jurisdiction of the International Criminal Court, of the European Court of Human Rights and other international institutions criminal offenses committed on the territory of Ukraine during war.