Electronic evidence in Ukrainian and foreign courts: what we can borrow

Practice in handling electronic evidence in Ukraine is developing rapidly, especially since 2022 – the experience of documenting war crimes through digital sources has accelerated this considerably. Yet the gap between Ukraine and leading legal systems remains significant. Let us look at what it consists of and why it matters for your case.

The approach of Ukrainian courts

In Ukraine the most common types of electronic evidence in criminal cases are:

• CCTV recordings;
• messenger and social media conversations;
• mobile operator data (calls, geolocation);
• electronic bank statements;
• recordings of telephone conversations.

The main problem is the absence of standardised protocols for collection and storage. Each investigator and each court may interpret admissibility requirements differently, which leads to unpredictable outcomes.

Standards in the USA and the United Kingdom

The United States has a detailed system of rules for collecting digital evidence. The core principles are minimal interference with original data, mandatory hashing to confirm integrity and detailed documentation of the chain of custody. A breach of any of these principles automatically casts doubt on admissibility.

The United Kingdom applies the ACPO Guide, an industry standard for handling digital evidence in law enforcement. It sets clear requirements for the qualifications of specialists, equipment and procedures.

The experience of EU states

In the EU the key issue is the balance between effective investigation and the protection of privacy. GDPR significantly limits the collection of data without judicial authorisation. At the same time the European Investigation Order allows digital evidence to be obtained efficiently from other member states.

ECtHR case law requires any interference with a person digital private life to be prescribed by law, to pursue a legitimate aim and to be proportionate.

What this means for parties to Ukrainian proceedings

Despite the absence of detailed standards, Ukrainian courts increasingly look to international practice. This means that arguments based on ECtHR standards or on common European principles of admissibility have a real chance of being heard.

If evidence in your case was obtained in breach of proportionality or without proper judicial authorisation, that is a ground for challenge regardless of whether the CPC contains an express rule.

This material is based on the academic publication: Petryk V.V. “Electronic evidence in the judicial systems of Ukraine and foreign countries” // Collection of Scientific Works of the National University of Civil Defence of Ukraine, 2025. Read the original article.

Do you have questions about electronic evidence in your case? Contact us – we will arrange a free initial consultation.

Also in the electronic evidence series

• Electronic evidence in criminal proceedings: what you need to know
• What the law says about electronic evidence: definition and legal nature
• Types of electronic evidence: classification and international experience
• Features of electronic evidence in criminal cases: Ukrainian and global experience
• Artificial intelligence and electronic evidence: new challenges for Ukrainian courts