Cross-Border Electronic Evidence: Problematic Aspects and Directions for Unification in Light of the Experience of Russia and China

One of the pressing issues related to the use of electronic evidence in criminal cases in the context of digitalization and the associated qualitative change in the state of crime committed using information and telecommunications technologies, which is increasingly becoming transnational in nature, is the acquisition of “electronic” evidence abroad. The imperfection of the current rules for the cross-border acquisition of electronic evidence relevant to the initiation, investigation, and resolution of criminal cases, which negatively impacts law enforcement practice, demonstrates the need for new scientific research into the standardization of the activity in question, taking into account best international practices, national characteristics, and the uniqueness of the development path. The purpose of this study is to examine the specifics of collecting and using electronic evidence obtained from a foreign state through an international request in criminal cases, identifying problematic aspects, and determining areas for the unification of cooperation regulations. This goal is achieved through solving a number of problems: studying the scientific developments of domestic and foreign scientists related to the use of digital technologies in criminal procedural activities; an analysis of cross-border electronic evidence collection practices based on the experience of Russia and China; a sociological survey of practitioners to identify problematic aspects of collecting and using electronic evidence obtained from abroad in evidence; and a summary of the data obtained and proposals for harmonizing international cooperation in the area under study. The study’s methodological framework included a dialectical method of cognition, sociological, comparative legal, formal legal, and legal-logical methods, enabling a comprehensive examination of the research problem. The study identified challenges in ensuring the legal validity of cross-border electronic evidence, assessing its validity and authenticity, and holding liable for executing international orders request. Directions for harmonizing international cooperation on obtaining electronic evidence in criminal cases are proposed and scientifically substantiated.