PECULIARITIES OF COLLECTING EVIDENCE IN CRIMINAL PROCEEDINGS REGARDING WATER TRANSPORT OFFENSES THAT AFFECT THEIR ADMISSIBILITY AND RELEVANCE

Abstract

The article provides a comprehensive theoretical and applied analysis of the features of evidence collection in criminal proceedings regarding water transport offenses through the prism of ensuring the criteria for their admissibility and relevance. The authors substantiate that the specificity of evidence in this area is determined by a synergy of factors: complex hydrometeorological conditions, the dynamics of water areas, the remoteness of the scene of the incident from the coastline, and the technical complexity of navigation equipment. It is noted that the physical instability of the objects of study and the aggressiveness of the external environment are in direct contradiction with the static requirements of the Code of Criminal Procedure of Ukraine regarding the procedure for recording investigative (search) actions. Special attention is paid to the digitalization of the evidence base, in particular, the problem of transforming technical information of navigation systems into the status of admissible evidence. Challenges associated with the proprietary nature of foreign software and the lack of unified methods for verifying electronic data are highlighted. The procedural status of the ship's captain as an authorized official is considered. A legal paradox is revealed, in which a person whose actions may be the subject of an investigation single-handedly carries out the initial fixation of evidence. To resolve the conflict of interest, a system of “checks and balances” is proposed, which includes remote prosecutorial supervision in real time, the use of body-worn video cameras, and a mechanism for replacing the captain with a senior assistant. Using the example of ships dumping pollutants into the Black Sea, the critical vulnerability of the conditions and possibilities for storing chemical samples is proven. The authors emphasize the need to legislatively grant captains the right to immediate sampling according to international standards and the introduction of unified forensic kits on board Ukrainian ships. The conclusions emphasize the need to transition from a formal-static to a functional-technological approach in criminal proceedings on the water.