THE PROCEDURAL NATURE OF DIGITAL EVIDENCE IN THE UKRAINIAN CRIMINAL PROCEDURE: DOCUMENTS AND MATERIAL EVIDENCE

The article provides a comprehensive study of the procedural nature of digital evidence as a source of evidence in criminal proceedings of Ukraine. In consideration of the provisions outlined in the current Criminal Procedure Code of Ukraine and the technical nature of digital information, it is posited that digital evidence possesses a hybrid structure. The combination of characteristics exhibited by these kind of evidences s is such that they can be considered to belong to both the domain of documents and that of physical evidence. This is dependent upon which of the two constituent components — content (information) or material (physical medium or device) — is the subject of procedural regulation.