Research of the Problems of Admissibility of Electronic Media Seen During Operational Search Measures and Their Applications to the Materials of Verification of a Crime Report

The article examines the issues of the legality of obtaining information containing in the memory of electronic media seized in the course of operational-search activities, their attachment to the materials of verification of a crime report. The problems of seizing electronic devices and examining their contents, the constitutionality of carrying out related operational-search activities and similar investigative actions are raised. The issues of the admissibility of evidence in a criminal case obtained based on information from mobile devices by employees of operational units, as well as investigative bodies, are analyzed. Solidarity is expressed with the position that the only legal way to record correspondence from messengers before initiating a criminal case is to control postal items, telegraph and other messages by a court decision, and during a preliminary investigation, a search is the proper way to obtain information from the memory of mobile devices. The issue of the need to obtain a court decision to view the information of mobile devices is considered, which remains one of the most controversial due to the legislative gap in this area. The necessity of bringing the legislation and judicial and investigative practice on this aspect in line with the Constitution of the Russian Federation is substantiated.

inspection of electronic media, information extraction, court decision, operational-search activities, investigative actions, privacy, judicial control