DOI: https://doi.org/10.33994/kndise.2022.67.30

Ya. Nedilko

The article is devoted to the peculiarities of conducting investigative (search) actions during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The procedural and tactical features of conducting separate investigative (investigative) actions in the investigation of cybercrimes under martial law are considered.

The domestic procedural legislation regulating the conduct of investigative (search) actions under martial law is studied. Also, an analysis of certain provisions of Article 615 of the Criminal Procedure Code of Ukraine was carried out.

The article discusses the features of conducting an inspection, search, and interrogation in videoconference mode during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The adopted amendments to the legislation improving the conduct of inspection and search are analyzed. The scientific literature has been summarized and tactical recommendations to investigators and prosecutors on conducting an inspection and interrogation in videoconference mode during martial law have been highlighted. It is noted that the effectiveness of interrogation in videoconference mode depends on the serviceability and modernity of the technical means to be used, as well as the speed of information transmission.

It is noted that it is necessary to improve the process of recording the screen by creating a Linux-based operating system for the investigator and an additional program for fixing illegal actions. This program should record all the actions of the investigator to investigate and record the evidentiary information left in the electronic environment. In particular, the program must record the moment of entry into the operating system, the opening of the corresponding fixation programs, the time of this action, which resource is being investigated, and the like. At the same time, the received video recording data (CD-ROM, USB flash drive) should be attached to the inspection protocol.

Key words: information technology, cybercrimes, martial law, individual investigative (detective) actions, examination, search, interrogation via videoconference.