THE ISSUES OF DETERMINATION OF THE CRITERION OF NECESSITY OF ENGAGING AN EXPERT WHEN CONFISCATING THE ELECTRONIC DATA STORAGE DEVICES IN CRIMINAL PROCEEDING OF RUSSIA

The paper deals with the contemporary issues of using special knowledge in the criminal proceeding of Russia when holding the investigative proceedings during the preliminary investigation. Taking into account the normative requirement to ensure participation of an expert in the investigative proceedings when it is necessary to seize an electronic data storage device, the author updates the issue of defining the content of the concept of “electronic data storage device” and discusses the issue of determination of a criterion of the necessity of obligatory participation of an expert when confiscating an electronic data storage device. In the context of general positive assessment of the legislative innovation related to the legislator’s attempt to improve the procedure of seizing of electronic data storage devices during criminal proceedings, the author notes the absence of normative definition of the category of “electronic data storage device” in the Russian Federation Code of Criminal Procedure and proposes to include it into Art. 5 of the RF Code of Criminal Procedure to improve statutory regulation. The paper presents examples of electronic data storage devices that do not require complicated arrangements to work with and for which confiscation there is no need for special knowledge. The author suggests making amendments to Art. 164.1 of the RF Code of Criminal Procedure aimed at the normative determination of the situations when the participation of an expert in the seizure of electronic data storage devices will not be obligatory taking into account the criticism pronounced in science. The author concludes that the work with electronic data storage devices during the investigative proceedings obviously requires the exact regulation, the absence of which causes the creation of divergent legal precedents and varying interpretations.