Use of electronic search systems in the investigation of corruption crimes in Ukraine: opportunities and challenges for human rights

Abstract

The purpose of the article is to study the use of electronic search systems during the investigation of corruption crimes in the context of the balance of interests of criminal justice and ensuring guarantees of human rights and freedoms. Methodology. In the process of scientific research, the following methods were used: dialectical, logical, dogmatic, monographic, systemic and structural, comparative and legal, sociological, legal modelling. Research results. It was established that in accordance with the developed and tested methods investigators use various information systems when investigating on corruption crimes; the content and features of these schemes were studied. International documents establishing the limits of the possible use of artificial intelligence in criminal proceedings were considered. The decisions of the ECtHR on the need for a balanced approach to interference with privacy and delimitation of such interference, were studied. Practical implementation. The ways to achieve a balance of the interests of the parties in the criminal procedural legislation of European countries were investigated in order to implement their positive experience in Ukraine. Value/originality. The principles, on which the process of regulating the use of electronic search systems, databases, algorithms and artificial intelligence in the criminal procedural legislation of Ukraine should be based, are proposed.