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DOI: https://doi.org/10.34069/AI/2023.67.07.21
How to Cite:
Baranenko, D., Koval, A., Dulskyi, O., Lisitsyna, Y., & Musayev, E. (2023). Methodological principles of research in the field of
ensuring evidence collection (on the example of cybercrimes): criminal-legal, criminal-procedural, and forensic aspects. Amazonia
Investiga, 12(67), 232-240. https://doi.org/10.34069/AI/2023.67.07.21
Methodological principles of research in the field of ensuring evidence
collection (on the example of cybercrimes): criminal-legal,
criminal-procedural, and forensic aspects
Методологічні засади досліджень в сфері забезпечення збирання доказів (на
прикладі кіберзлочинів): кримінально-правовий, кримінально-процесуальний та
криміналістичний аспекти
Received: June 7, 2023 Accepted: July 10, 2023
Written by:
Dmytro Baranenko1
https://orcid.org/0000-0002-9626-9607
Alla Koval2
https://orcid.org/0000-0002-8638-5698
Oleksandr Dulskyi3
https://orcid.org/0000-0003-4711-1106
Yuliya Lisitsyna4
https://orcid.org/0000-0001-5631-9297
Erkin Musayev5
https://orcid.org/0000-0003-4428-0668
Abstract
The complexity, multifacetedness, and
interdisciplinary status of ensuring the collection of
evidence leads to the need to study it in the
coordinate system set by different levels of
scientific methodology. With this in mind, we
consider it necessary to analyze the current issues
of study methodology in ensuring evidence
collection on the basis of cybercrimes. The purpose
of the work is studying the criminal-legal, criminal-
procedural, and forensic aspects of the
methodological foundations of research in securing
evidence on the example of cybercrimes. The
research methodology includes such methods as the
general system-structural method, the dialectical
method, the historical method, the system method,
the comparative-legal method, logical methods
(deduction, induction, analogy, analysis, synthesis),
the structural-logical method, and the modeling
method. As a conclusion of the conducted research,
the regulatory and legal factors that constitute the
legal basis of the organizational and technical
principles of the investigation of crimes in the field
1
Doctor of Legal Sciences, Associate Professor, Head of the Department of Theory and History of State and Law of Admiral Makarov
National University of Shipbuilding, Ukraine.
2
Doctor of Legal Sciences, Professor of the Petro Mohyla Black Sea National University, Ukraine.
3
Ph.D., Attorney at law, Honored Lawyer of Ukraine, Managing Partner at Voichenko & Dulskyi Attorneys at Law, Ukraine.
4
Ph. D., Associate Professor of the Department of Criminal and Legal Disciplines of the Law Institute of the Lviv State University of
Internal Affairs, Ukraine.
5
PhD in Law, Criminal Law and Criminology Department, Baku State University, Baku, Azerbaijan.
Baranenko, D., Koval, A., Dulskyi, O., Lisitsyna, Y., Musayev, E. / Volume 12 - Issue 67: 232-240 / July, 2023
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of cybercrime were considered, and the problematic
issues of the research methodology were identified.
It was concluded that the methodological support of
the research of evidence collection is a complex,
multifaceted task of scientific research, it can be
solved only on the basis of a systematic approach to
this problem.
Keywords: methodological principles, provision of
evidence collection, criminal-legal aspect of
research, criminal-procedural aspect of research,
forensic aspect of research.
Introduction
In conditions of the rapid growth of scientific and
scientific-technical information, rapid changes,
and updating of the system of scientific
knowledge, there is a need for qualitatively new
approaches to the theoretical understanding of
science-intensive technologies and adaptation to
the conditions of market relations.
Knowledge of methodology, theory, technique,
methods, and organization of scientific research
activity helps to get involved in professional
activities, to translate scientific knowledge into a
practical plane, and promotes the development of
rational and creative thinking.
Currently, criminal law science faces a number
of challenges due to both new types of crimes and
the lack of a developed research methodology.
New challenges caused by the spread of the fields
of application of special knowledge during the
detection and investigation of crimes in the field
of computer information and high technologies
generate new risks associated with the possibility
of cross-border circulation of information, which
is increasingly used with criminal geopolitical,
military-political, terrorist, with an extremist and
other illegal purpose to the detriment of
international security and strategic stability. An
equally significant role was played by the
expansion of the use of information and
psychological influence technologies by the
special services of individual states to destabilize
the domestic political and social situation in
certain regions, which threatens the sovereignty
and territorial integrity of states. Strengthening
the influence of terrorist and extremist
organizations, which in their practices actively
use mechanisms of informational influence on
individual and public consciousness, actively
recruit supporters and sympathizers through
social networks to incite hatred on religious,
racial, and ethnic grounds. The emergence of
new and improvement of existing computer
crimes, especially in the economic and financial
sphere. An increase in the number of computer
attacks on critical infrastructure and air transport.
The lack of scientific research aimed at creating
promising high technologies, the low level of
introduction of domestic developments in the
field of information security (Filipenko, Snigerev
& Bublikov, 2020)
Therefore, we consider it necessary to analyze
the criminal-legal, criminal-procedural, and
forensic aspects of the methodological
foundations of research in the field of ensuring
the collection of evidence on the example of
cybercrimes.
To achieve this goal, the following tasks have
been set:
determine the legal nature of cybercrimes;
to investigate the methodological
foundations of research in the field of
ensuring the collection of evidence;
to characterize the research methods in the
field of ensuring the collection of evidence
on the example of cybercrimes;
to reveal and specify the experience of
international legal provision of research on
gathering evidence on the example of
cybercrimes. and;
to find out the specifics and trends in the
development of the methodology of
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criminal-legal, criminal-procedural, and
forensic research in modern conditions.
The object of the study is the research
methodology for ensuring the collection of
evidence on the example of cybercrimes through
the prism of criminal, criminal procedural, and
forensic science. The subject of research is social
relations that arise, change, and cease during the
application of various research methods in the
field of evidence collection.
Theoretical Framework or Literature Review
Forensic tactics and methods of investigation of
certain types of crimes are considered in the book
of Bilenchuk (2007). The work examines the
latest trends in scientific research in the field of
forensic strategy, tactics, and prevention, the art
of investigative activity, diagnosis, research, and
prediction of human behavior during pre-trial
investigation, the use of social and
communication technologies, methods and
means of information security and methods of
investigation of certain types of crimes. The
authors proposed modern forensic methods,
taking into account the peculiarities of the
investigation of crimes in the field of high
technologies and violations of the rules for
handling radioactive materials, combating the
laundering of financial resources, as well as
transnational, economic crimes, crimes of
terrorist orientation.
Morevoer, Bogomaz (2019) considered
methodological guidelines for the study of social
communications in the conditions of the
information society.
Further, Dobronravova, Rudenko, and
Sydorenko (2018) considered the role of science
and scientific research in the modern world and
the issue of the technology of conducting
scientific research by students and young
scientists. The problems related to the
methodology and organization of scientific
research activity are described in detail:
definition of the object and subject, research
methodology and methods, ways of collecting
information, and processing the results of
scientific research.
Features of cyberspace as a new dimension of
geopolitical rivalry were analyzed by Dubov
(2014).
The object of Kovalchuk's (2017) research is the
methodology of study about the material
evidence in criminal proceedings. As a result of
the conducted research, the author concluded that
the methodology of study about the material
evidence as an independent criminal procedural
branch is a complex dynamic system. As a
complex system, the methodology of the study of
material evidence not only includes various
approaches, principles, methods, and techniques
of scientific knowledge and the methodology of
their use but also has inherent integrative laws
that determine the relationship and interaction of
its structural elements in the process of scientific
research. As a dynamic system, the methodology
of the study about material evidence, being in a
constant search for new approaches, principles,
methods, and techniques of scientific knowledge
and the development of methods of their use, is
being improved and diversified.
Also, Moroz and Kobzar (2016) analyzed the
specifics of the use in criminal proceedings of
information obtained by confidants and full-time
undercover employees during criminal
intelligence.
Besides, Panasyuk (2019) considered cyber
security as a law-making factor. In turn,
Oleksyuk (2020) prepared a detailed report on
cyber security management using the example of
Ukraine and foreign countries.
What is more, Rabinovych's (2014) study is
devoted to the methodology of the domestic
general theory of the rule of law. In particular, the
article examines and critically analyzes the main
trends in the transformation of methodological
approaches and research methods of legal and
state phenomena in domestic general theoretical
jurisprudence and identifies the factors that
deeply determine the relevant transformations of
the mentioned methodology.
Ryzhiy (2021) analyzed the philosophical and
methodological principles of the study of the
assessment of testimony of participants in
criminal proceedings in the court of first
instance. The author concluded that the research
methodology for evaluating the testimony of
participants in criminal proceedings in the court
of first instance is a complex combination of
philosophical and general scientific methods
(dialectical method of cognition, induction and
deduction, analysis and synthesis, abstraction,
observation) aimed at revealing the specifics of
the specified activity. It is important to use
historical-legal, systemic-structural, formal-
dogmatic, comparative-legal, hermeneutic,
synergistic, sociological, and prognostic
methods. The specifics of the researched subject,
as well as the set of cognitive tasks that are
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diverse in their content and nature, make it
necessary to use the entire complex of the above-
mentioned methods, which enrich each other,
and in their totality give a holistic perception of
the assessment of the testimony of the
participants in the criminal proceedings in the
court of first instance, contribute to ensuring the
validity of the conclusions obtained and
recommendations.
Additionally, Rudyy, Senyk, Rudyy, and Senyk
(2018) studied in detail the organizational, legal,
forensic, and technical aspects of countering
cybercrime in Ukraine. Morevoer, Savchenko
(2012) considered the question of the
qualification of cybercrimes.
The detection and investigation of cybercrimes
are analyzed in the work of Samoilenko (2020).
In particular, the author's work includes the
theoretical and methodological provisions of the
investigation of cybercrimes and forensic tactics
and methods of investigating cybercrimes of
certain types, developed on the basis of general
theoretical provisions of criminology.
Filipenko, Snigerev, and Bublikov (2020)
investigated the application of special knowledge
during the detection, prevention, and
investigation of crimes in the field of computer
information and high technologies. In order to
increase the effectiveness of combating computer
crime, in parallel with the development of
methodological support for expert research and
the improvement of the qualifications of forensic
experts, in particular, their acquisition of the
latest special knowledge, it is necessary to
regularly hold international meetings of
representatives of forensic expert institutions,
law enforcement bodies, specialists,
knowledgeable persons. Further, Foros (2016)
also considered the legal regulation of combating
cybercrime.
Chornous (2012) analyzed the theory and
practice of forensic support for pre-trial
investigation in cases of crimes of an
international nature. The theoretical and
methodological model of criminology and its
new directions are studied in the work of
Shepitko (2021). Shulgin (2019) drew attention
in his work to the sufficiency of evidence as a
basis for making procedural decisions by
investigators and prosecutors. Tropina (2012)
researched the issue of cyber security and the
specifics of its provision.
Marín González, and García Sánches (2015)
researched the problems facing digital proof in
the United States of America. Cardona, and
López, (2014) studied the documentary evidence
in the accusatory criminal system, compilation
and presentation at trial. In their research Más, &
Rosado (2011) analyzed the technical and
scientific process to collect and analyze digital
evidence from computer or electronic devices in
order to present them at Court. Buñay Guisñan,
Mazón Fierro, Narváez Vilema, and
Paguay Soxo (2021) researched different issues
of use of the web system for the collection of
evidence generated by university professors.
Methodology
The scientific research is based on the application
of the general system-structural method, the main
elements of which ensured a high effect of
building models for solving the given problems.
Thus, the methodological foundations of
research in the field of ensuring evidence
collection on the example of cybercrimes were
investigated comprehensively, taking into
account their features and functional purpose.
Also, the basis of the methodology system of
scientific analysis of the genesis and
development trends and the mechanism of legal
regulation of evidence collection in the
investigation of cybercrimes from the point of
view of criminal law, criminal procedural and
forensic aspects are such methods as: dialectical
method - made it possible to explore the inner
essence of things in the process of their
development, as well as internal and external
contradictions, in particular, with the help of this
method, the genesis of the development and
improvement of the methodological foundations
of the research of evidence collection was
analyzed; the historical method - contributed to
the understanding of the genesis of the legal
regulation of the fight against cybercrime and its
proof; systematic method - made it possible to
carry out a complete and objective study of the
corresponding specifically outlined subject, in
particular, it made it possible to investigate the
peculiarities of the methodological foundations
of research in the field of ensuring the collection
of evidence on the example of cybercrimes, as
well as to clarify the specifics of international
and national experience in this topic;
comparative legal method used to analyze the
peculiarities of methodological foundations in
foreign countries.
During the research, logical methods and
techniques were used - deduction, induction,
analogy, analysis, and synthesis. Thus, their use
is traced throughout the events of all scientific
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analysis. The method of analysis made it possible
to analyze the researched object in detail. With
the help of synthesis, the acquired knowledge
was combined into a whole. The use of the
method of analogy, the essence of which is that
certain properties and features are transferred
from one subject of research to another, and in
the same way the relations and connections
between one and another set of subjects are
transferred, helped to understand the
methodological principles of research in the field
of ensuring the collection of evidence from the
point of view of criminal law, criminal
procedural and forensic aspect. The use of
induction and deduction are interrelated in this
study: deduction helped to draw conclusions
from theoretical ideas, laws, and principles, as it
is related to the construction of an idealized
object, and induction made it possible to
generalize empirical regularities.
The use of the structural-logical method and
modeling made it possible to highlight the
perspectives and trends in the development of
methodological foundations of research in the
field of ensuring the collection of evidence in the
investigation of cybercrimes.
Results and Discussion
The research objectives are to determine the role
of the methodology in ensuring the collection of
evidence; to find out what factors influence the
development of the methodology, its state, and
dynamics; to establish the features of the research
methodology for ensuring the collection of
evidence in the investigation of cybercrimes.
A specific toolkit is necessary for the study of
any object of scientific knowledge. Such a toolkit
is the research methodology. The development of
methodological issues is primarily aimed at
practical goals: to arm the researcher with means
that ensure the most efficient and rapid
achievement of the scientific result. Therefore,
the correctly chosen research methodology
depends not only on determining the main
directions of scientific research but also on
obtaining reliable scientific knowledge about the
object of knowledge.
In historical retrospect, many studies have been
devoted to the concept of methodology. Thus, for
a long time, the methodology was considered a
structured system of approaches, principles, and
methods of scientific knowledge. Later on, there
was an expansion of the understanding of the
methodology due to its coverage of not only the
system of means of scientific knowledge but also
the study about their use for the knowledge of
this or that object of knowledge. In this regard, at
the current stage of the development of science,
the methodology should be understood as an
integration phenomenon, which is both a system
of interrelated elements of scientific knowledge
(approaches, principles, methods, and
techniques) and the study of their use
(Rabinovych, 2014).
But before analyzing the methodological
foundations of research on ensuring the
collection of evidence on the example of
cybercrimes, let's consider the essence of the
criminal-legal, criminal-procedural, and forensic
aspects of the investigation of the phenomenon
under investigation (Table 1).
Table 1.
Characteristics of the criminal-legal, criminal-procedural, and forensic aspects of the phenomenon under
study.
Criminal law
Criminal procedural
Forensic
It is designed to ensure the correct
e act committed qualification of th
by the suspect and to create the
necessary prerequisites for the
individualization of criminal
responsibility.
Presupposes the use of
appropriate means of proof
in the proper procedural
order.
It involves the study of the identity of the
criminal and the circumstances of his
commission of the crime.
Data provided by National Institute of Strategic Studies (2022).
Therefore, conducting a study of the
methodological foundations of the study of
ensuring the collection of evidence on the
example of cybercrimes through the prism of the
specified aspects aims to conduct a
comprehensive study (Raconteur, 2019).
In general, it is difficult to overestimate the
importance of methodology, since no science can
exist without it, including the science of criminal
law, criminal procedural law, and criminology.
We believe that in order for science to move from
commenting on the Criminal Procedure Code of
Ukraine (Law No. 4651-17, 2012) and the
Criminal Code of Ukraine (Law No. 2341-14,
2001) to the development of science itself, it is
necessary to develop the following components:
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1) philosophy of branch science;
2) theory;
3) methodology;
4) history;
5) comparative studies.
The general trend in the development of the
methodology of modern general theoretical
jurisprudence led to an active transition at the
current stage of the development of the theory of
criminal procedural evidence from monism to
pluralism of its methodology.
The doctrine of proof as an independent criminal
procedural doctrine has its own methodology,
which allows for scientific knowledge of the set
of elements covered by its subject. At the same
time, the specifics of ensuring the collection of
evidence on the example of cybercrimes are
determined by its specifics.
The methodological principles of research in the
field of evidence collection are a system of
interconnected approaches, principles, methods,
and techniques of empirical and theoretical
knowledge of reality, which are aimed at
systematizing of existing and obtaining new
knowledge covered by the subject of this study,
and a system of scientific provisions on their use
to solve the tasks set before him (Ryzhiy, 2021).
Thus, when studying such an element of the
evidence process as evidence collection,
attention should be focused on the need to use
methods and techniques of information
collection, to process it in its totality and in all its
multifacetedness, complexity, and
contradictions, based on a set of positive and
negative moments, identifying trends and
patterns of such activity in criminal proceedings
at the stage of trial (Samoilenko, 2020).
For example, the process of defining concepts
cannot take place without the application of the
technique of abstraction, therefore, this technique
must be used in order to learn the specifics of
evidence collection when de-icing cybercrimes,
it is important to abstract from other elements of
the evidence process, to concentrate your
attention on collecting information about the
crime. At the same time, the process of
abstraction is inextricably linked with such
research methods as analysis and synthesis,
which form the basis of the formal-logical
approach, the unity of opposites and,
accordingly, are used to divide the subject of
research into constituent parts and combine
individual parts of the subject into a single whole.
The formulation of conclusions and concepts, the
identification of criteria for evaluating the
testimony of participants in criminal
proceedings, the definition of the content of the
judge's activity and the limits of his activity
during the trial, the clarification of the
peculiarities of the use of the testimony of the
witness, the victim, the accused, written and
material evidence all this helps to clarify the
specified methods.
It is worth pointing out the importance of using
general scientific methods, which are general
methods and ways of researching processes and
phenomena and determining the trends of their
changes, which are used in various fields of
scientific knowledge. In particular, the
application of deductive and inductive methods
consists of the use of general scientific provisions
of systems theory. Emphasis should be placed on
the importance of applying systemic analysis,
which makes it possible to determine the essence
of testimony as a source of evidence in the
criminal process, to analyze the relevant powers
of the participants in the criminal proceedings, to
investigate the relationships arising in connection
with this.
An active approach makes it possible to conduct
a versatile analysis of the structure of the
phenomenon in dynamics. The use of this
method when clarifying the specifics of evidence
collection can be extremely effective because an
important component of the subject of research
in the science of the criminal process is the
clarification of the powers of the court to collect
evidence in criminal proceedings. The method of
analogy, when, on the basis of the similarity of
objects in some features, a conclusion is drawn
about their similarity in other features, is useful
when studying the peculiarities of the
implementation of procedural powers to collect
evidence in the Anglo-Saxon and Romano-
Germanic legal systems.
The basis of the system-structural method is the
study of a certain object as a complete system
that has an internal structure and is divided into
constituent elements. The task of the researcher
is to determine their number, order of
organization, connections, and interaction
between them. Only after that can you get to
know the relevant object comprehensively and
perfectly. With the help of the system-structural
method, it is possible to reveal the system of
interconnection of the subjects of criminal
proceedings during the evidence collection. In
addition, the application of the specified method
allows for the identification of gaps and
contradictions in normative legal acts and to
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formulate proposals for improving the current
legislation.
With the help of the formal-dogmatic method,
which reflects the content of the researched
object in the form of a rational construction, it is
possible to clarify the conceptual apparatus
during the analysis of the current legislation on
the procedure for collecting two pieces of
evidence, as well as the practice of applying the
provisions of the Criminal Procedure Code.
Implementation of effective legal reforms is
impossible based only on national experience or
simply familiarization with the legislation of
certain countries, it requires systematized
scientific knowledge of global and regional
trends in legal development, which is
accumulated primarily by comparative
jurisprudence. The prognostic method makes it
possible to determine, first of all, the
identification of the main directions of the
development of domestic legislation regarding
the activity of the court on the assessment of
testimony during the trial, guaranteeing the rights
of participants in criminal proceedings, the
peculiarities of their formation based on world
experience, it makes it possible to predict the
likely consequences of changes to the criminal
procedural legislation in terms of collection,
verification, and evaluation of evidence, in
particular the testimony of the accused, the
victim, witnesses.
Therefore, taking into account the
multifacetedness of even the considered methods
and approaches, we can state that modern
criminal procedural, criminal law and forensic
science are based on a systematically updated
methodology, which, among other things, is
aimed at theoretically solving the problems of
everyday practice.
In general, in the structure of the research
methodology in the field of ensuring the
collection of evidence in the investigation of
cybercrimes, it is advisable to highlight the
following specific scientific methods:
1) the formal-legal method, which is often
defined by scientists as a dogmatic or legal-
technical method, allows to determine the
formal content of the norms of the criminal
procedural law, which define the concept of
evidence and regulate the order of their
formation and use, terms, order and
conditions of storage of physical evidence
and methods and the procedure for deciding
their fate during criminal proceedings,
contributes to the disclosure of a crime in the
field of cyber security and contributes to
obtaining proper, admissible, sufficient and
reliable evidence;
2) the comparative legal method involves the
implementation of diachronic and
synchronous structuring: a diachronic
comparison allows you to compare evidence
as a legal phenomenon that existed in the
domestic criminal process, law, and
criminology during different historical
periods, and to identify patterns of
development of this legal phenomenon,
while a synchronous comparison involves
comparing collection of evidence as a legal
phenomenon that exists in various legal
systems during a specific historical period,
and to determine the expediency of taking
into account the foreign experience of the
normative definition of the concept of
evidence and the order of their formation
and use in criminal proceedings and the
doctrinal approaches and practices formed in
foreign countries on these issues;
3) the sociological-legal method involves the
use of such tools as the analysis of statistical
data and various legal documents, a socio-
legal experiment, surveys, interviews on
legal issues, and allows to establish the
effectiveness of the normative definition of
evidence collection in criminal proceedings,
to identify the shortcomings of investigative
and judicial practices regarding the
formation and use of material evidence in
criminal proceedings, including taking into
account the legal standards of criminal
procedural evidence formed in the practice
of the ECtHR;
4) the method of theoretical and legal modeling
allows you to substantiate the conceptual
model of the doctrine of evidence collection
and to determine its object, subject, purpose,
tasks, functions, and system;
5) the method of theoretical and legal
forecasting allows for determining the
prospects for the development of domestic
criminal procedural legislation in the part of
defining the concept of evidence collection,
terms, order, and conditions of storage of
material evidence, and methods and
procedure for deciding their fate during
criminal proceedings (Kovalchuk, 2017).
Each of the above general scientific and specific
scientific methods has its own cognitive
capabilities in revealing the collection of
evidence as an object of scientific knowledge,
determined by the scope of their use, features of
displaying the obtained scientific results, and
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their evaluation. At the same time, all of the
above methods are closely related and should be
applied in combination (simultaneously or in
stages) in order to comprehensively understand
the collection of evidence as a legal
phenomenon, especially in relation to the
investigation of cybercrimes.
Conclusions
As a result of the research, the following
conclusions were made:
1) When solving any scientific problem, the
issue of methodological support is necessary
and of primary importance for theoretical
understanding in any subject area, and the
methodology contributes to the search for
optimal ways of learning the phenomena and
processes that are the subject of study, their
adequate reflection in the system of
scientific knowledge.
2) From the above, a number of factors
influence the development of the
methodology, its state, and dynamics,
including:
the needs of investigative and judicial
practice regarding the collection of evidence
to prove the commission of cybercrimes are
put before the doctrine of the criminal
process;
conditioned by the needs of law enforcement
practice, changes in the object and subject of
both the theory of criminal procedural
evidence and the doctrine of material
evidence in the criminal process;
development of the science of criminal,
criminal procedural law, and criminology,
the developments of which can be used to
improve their methodological arsenal.
These factors determine the use of not only well-
established but also the newest approaches,
principles, methods, and techniques of
knowledge used in modern science in the
collection of evidence in the investigation of
cybercrimes.
3) The research methodology for ensuring the
collection of evidence in the investigation of
cybercrimes is a complex combination of
philosophical and general scientific methods
(dialectical method of cognition, induction
and deduction, analysis and synthesis,
abstraction, and observation) aimed at
revealing the specifics of the specified
activity. The specificity of the researched
subject, as well as the set of cognitive tasks
that are diverse in their content and nature,
make it necessary to use the entire complex
of the above-mentioned methods, which
enrich each other and contribute to ensuring
the validity of the conclusions and
recommendations obtained.
Therefore, the goal and task of the conducted
research has been fully achieved.
Regarding further scientific research, we
consider it necessary to investigate the actual
issues of the research methodology of evidence
collection.
Bibliographic references
Bilenchuk, P. D. (2007). Forensic tactics and
methods of investigating certain types of
crimes: Study. manual for students higher
education closing. Kyiv: MAUP. Retrieved
from https://acortar.link/qJwErr
Bogomaz, K. Yu. (2019). Methodological
guidelines for the study of social
communications in the conditions of the
information society. Kamianske: Dnipro state
technical Univ. Retrieved from
https://acortar.link/Ag8j1k
Buñay Guisñan, P. A., Mazón Fierro, G. J.,
Narváez Vilema, M., & Paguay Soxo, P. X.
(2021). Sistema web para la recopilación de
evidencias generadas por docentes
universitarios, Perspectivas, 3-2, 31-35.
Retrieved from https://acortar.link/yw0JOb
Cardona, M. O., & López, E. (2014). La prueba
documental en el sistema penal acusatorio,
recopilación y presentación en el juicio.
Universidad Militar Nueva Granada.
Recuperado de:
http://hdl.handle.net/10654/12566
Chornous, Yu. M. (2012). Theory and practice of
forensic support of pre-trial investigation in
cases of international crimes. Kyiv: Skif
Publishing House. Retrieved from
https://acortar.link/kgDTyv
Dobronravova, I.S., Rudenko, O.V., &
Sydorenko, L.I. (2018). Methodology and
organization of scientific research. Kyiv:
"Kyiv University" VOC. Retrieved from
http://www.philsci.univ.kiev.ua/biblio/Meth
odol.pdf
Dubov, D.V. (2014). Cyberspace as a new
dimension of geopolitical rivalry. Kyiv:
NISD. Retrieved from
https://niss.gov.ua/sites/default/files/2015-
02/Dubov_mon-89e8e.pdf
Filipenko, N. E., Snigerev, O. P., &
Bublikov, A. V. (2020). Application of
special knowledge during detection,
240
www.amazoniainvestiga.info ISSN 2322- 6307
prevention, and investigation of crimes in the
field of computer information and high
technologies (review article). Theory and
practice of forensic examination and
criminology, 22, 162-178. Retrieved from
https://doi.org/10.32353/khrife.2.2020.12
Foros, G. V. (2016). Legal regulation of
combating cybercrimes. Constitutional state,
24, 164-169. (In Ukranian)
Kovalchuk, S.O. (2017). Methodology of
teaching about physical evidence in the
criminal process. Scientific and information
bulletin of the Ivano-Frankivsk University of
Law named after Danylo Halytskyi, 4,
184-190. Retrieved from
https://acortar.link/p8LpXW
Law No. 2341-14. Criminal Code of Ukraine.
The Verkhovna Rada of Ukraine, 2001.
Retrieved from
https://zakon.rada.gov.ua/laws/show/2341-
14#Text
Law No. 4651-17, Criminal Procedure Code of
Ukraine. The Verkhovna Rada of Ukraine
(VVR), 2012, No. 9-10, Art. 88. Retrieved
from
https://zakon.rada.gov.ua/laws/show/4651-
17#Text
Marín González, J. C., & García Sánchez, G. J.
(2015). Problemas que enfrenta la prueba
digital en los Estados Unidos de
Norteamérica. Revista De Estudios De La
Justicia, 21, 75-91. Retrieved from
https://doi.org/10.5354/rej.v0i21.36325
Más, F. R., & Rosado, A. D. (2011). El rastro
digital del crimen. Quadernos de
criminología: revista de criminología y
ciencias forenses, 14, 14-21. Retrieved from
https://dialnet.unirioja.es/servlet/articulo?co
digo=3740775
Moroz, S. M., & Kobzar, O. F. (2016).
Algorithmization of the use in criminal
proceedings of information obtained by
confidential and full-time undercover
employees during criminal intelligence.
Odesa: ODUVS. (In Ukranian)
National Institute of Strategic Studies (2011).
Problems of the current domestic legal
framework in the field of combating
cybercrime: the main directions of reform.
Analytical note. Retrieved from
https://acortar.link/4Dqv9n
Oleksyuk, L. (2020). Cyber security
management best practices: an overview
report. Committee on issues digital
transformation. [File PDF]. Retrieved from
https://acortar.link/eePYHs
Panasyuk, O.T. (2019). Cyber security as a law-
making factor. Cybersecurity in Ukraine:
legal and organizational issues. Odesa:
ODUVS. Retrieved from
https://acortar.link/sscpGx
Rabinovych, P. (2014). Methodology of the
domestic general theory of the rule of law:
some modern trends. Law of Ukraine, 1,
11-21. Retrieved from
https://acortar.link/eCpITM
Raconteur. (2019). Why police need the skills to
counter cybercrime. Retrieved from
https://www.raconteur.net/technology/police
-skills-cybercrime
Rudyy, T.V., Senyk, V.V., Rudyy, A.T., &
Senyk, S.V. (2018). Organizational, legal,
forensic, and technical aspects of countering
cybercrime in Ukraine. Scientific Bulletin of
the Lviv State University of Internal Affairs,
1, 283-301. Retrieved from
https://acortar.link/Gtuvy3
Ryzhiy, O.A. (2021). Philosophical and
methodological foundations of the study of
the evaluation of the testimony of participants
in criminal proceedings in the court of first
instance. Philosophical and methodological
problems of law, 2, 22-28. Retrieved from
https://acortar.link/e6R9oh
Samoilenko, O. A. (2020). Detection and
investigation of cybercrimes: educational and
methodological manual. Odesa: ODUVS. (In
Ukranian)
Savchenko, A. V. (2012). Qualification of
cybercrimes. Combating cybercrime in
Ukraine: legal and organizational principles.
Kyiv: "Skyf" Publishing House. Retrieved
from
https://scholar.google.com/citations?user=Rs
jdDSgAAAAJ&hl=ru
Shepitko, V. (2021), Theoretical and
methodological model of forensics and its
new directions. Theory and practice of
forensic examination and criminology, 3,
9-20. Retrieved from
https://core.ac.uk/reader/543124760
Shulgin, S. (2019). Sufficiency of evidence as a
basis for making procedural decisions by
investigators and prosecutors. Law and
public administration, 2(35), 109116.
Retrieved from
https://doi.org/10.32840/pdu.2-2.16
Tropina, T. (2012). Self- and Co-regulation in
Fighting Cybercrime and Safeguarding
Cybersecurity. Berlin: Duncker & Humblot.
Retrieved from
https://link.springer.com/book/10.1007/978-
3-319-16447-2