Removing Information from Electronic Communication Networks as a Covert Investigative (Search) Action: Interpretation, Legal Aspects
Abstract
Abstract. In the process of research, the issue of defining the concept of removing information from electronic communication networks from the standpoint of technical terminology was raised. In practice, this leads to some legal inconsistencies and legal conflicts during criminal proceedings, which determines the purpose of this article. The methodological basis of the research is general scientific and special methods, in particular dialectical, formal-logical (abstraction, logic, induction, deduction, synthesis), system analysis, sociological, terminological, theoretical generalization. The scientific novelty of the results obtained lies in specifying the definition of the concept of removing information from electronic communication networks. In addition, a comparison was made of the concepts of wiretapping and removing information from electronic communication networks used in current legislative acts, and in this context, a legal emphasis was placed on the use of the term "telephone conversations". The legislative acts and international regulatory documents regulating the removal of information from electronic communication networks are analyzed. It is proposed to include such types of communication as telephone telecommunications, IP-telephony, radio relay communication, cellular radio communication (mobile communication), and satellite radio communication as electronic communication networks. The main features that form the covert investigative (search) action to remove information from electronic communication networks are summarized. To conduct an effective pre-trial investigation, a single technical terminology should be introduced, taking into account the main positions of the current legislative acts regulating electronic communication, which is a practical component when resolving procedural issues on removing information from electronic communication networks in criminal proceedings.
Keywords: wiretapping; interference in private communication; telecommunications; communication channels; means of communication; investigative (search) actions.
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