Cybercrime

The development and adoption of legislation improving the procedures related to the collection and use of electronic evidence in criminal proceedings remains a priority for Ukraine. Such reforms are required, to allow Ukrainian authorities to access electronic evidence and to ensure their admissibility in the criminal procedures.

These amendments are in line with the procedural powers under the Convention on Cybercrime (Budapest Convention), including Articles 16 to 18, as well as relevant provisions of the Second Additional Protocol to the Cybercrime Convention, on enhanced co-operation and disclosure of electronic evidence.

To address these topics, a roundtable on good practices in handling electronic evidence, open-source intelligence (OSINT) and criminal justice reform in Ukraine was co-organised by CyberEast+, a joint project of the European Union and of the Council of Europe, and CyberUA, a project of the Council of Europe, in co-operation with the Verkhovna Rada of Ukraine.

The event brought together the People's Deputies of Ukraine, representatives of the Supreme Court, the Ministry of Justice of Ukraine, the Ministry of Internal Affairs of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, the Prosecutor General's Office, the National Police of Ukraine, alongside international consultants of the Council of Europe.

The Deputy Chairman of the Verkhovna Rada of Ukraine Committee on Law Enforcement, Maksym Pavliuk, along with subcommittee chairs Oleksandr Bakumov, Yulia Yatsyk, and Vladlen Nekliudov, emphasised concrete steps to improve the criminal justice reform in Ukraine. Mr Pavliuk provided details regarding the priorities of the working group established under the Verkhovna Rada of Ukraine Committee on Law Enforcement. This working group regulates the use of electronic (digital) evidence and materials from OSINT investigations, in view of drafting a corresponding bill to amend the Criminal Procedure Code of Ukraine. Mr Pavliuk noted that improving the procedures for using electronic evidence remains a major priority area for Ukraine, as reflected in the Rule of Law Roadmap.

As a result of this roundtable, Ukrainian stakeholders built on good practices on admissibility, processing and chain of custody of OSINT and electronic evidence.  Partner authorities identified ways to strengthen the link between national standards and regulatory frameworks needed to align with international standards.

The CyberEast+ and CyberUA projects will continue to support the ongoing legal reforms in Ukraine in order to achieve compliance with the Budapest Convention and its Second Additional Protocol.

CyberEast+ project

CyberUA project

Convention on Cybercrime (Budapest Convention)

Second Additional Protocol to the Cybercrime Convention, on enhanced co-operation and disclosure of electronic evidence

Verkhovna Rada of Ukraine