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