DIGITAL EVIDENCE IN COMPARATIVE CRIMINAL PROCEDURE: INTERNATIONAL EXPERIENCE AND THE PRACTICE OF JUDICIAL REVIEW

Abstract

The article examines the international experience of using electronic evidence in the criminal procedures of the United States, the United Kingdom, France, Germany, at the supranational level of the European Union, and in Ukraine, focusing in particular on its impact on the mechanisms of judicial review. A comparative analysis is conducted of how different jurisdictions regulate the collection, preservation, authentication, and use of electronic evidence, alongside an overview of case law concerning the review of decisions based on newly discovered digital materials. The study identifies both commonalities and divergences in national approaches, which are presented in a comparative table of core legal provisions on electronic evidence. Special attention is given to the legal conflict between the U.S. CLOUD Act and the European General Data Protection Regulation, including the positions taken by the European Commission and national regulatory authorities. The conclusions provide practical recommendations for incorporating the most effective elements of international practice into the criminal procedure legislation of Ukraine.