TRANSFORMATION OF PRE-TRIAL PROCEEDINGS MECHANISMS FOR CRIMES IN CYBERSPACE: THE EXPERIENCE OF POST-SOVIET STATES

Aynura Sabyrbaeva

Xalqaro munosabatlar · 2026-yil

Annotatsiya

The rapid digitalization of social relations and the globalization of the information environment across post-Soviet states have led to a qualitative transformation in transnational crime. Given the volatility and specific nature of digital traces, traditional convention-based mechanisms for international mutual legal assistance (specifically, the 1993 Minsk Convention and the 2002 Chisinau Convention) have exhausted their procedural efficacy. The execution time for requests, reaching up to twenty-one months in certain instances, effectively negates the possibility of prompt cybercrime investigations and holding perpetrators accountable. In this regard, the present article aims to conduct a comprehensive comparative legal analysis of pre-trial proceedings for crimes committed in cyberspace, focusing on the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Armenia, and Georgia. The research identifies and systematizes the most effective procedural tools introduced into the national legal systems of the examined countries. Particular attention is given to the experience of the Republic of Kazakhstan regarding its full-scale transition to an electronic criminal justice format, ensuring investigation transparency and minimizing the risk of evidence falsification. The study analyzes progressive norms within the criminal procedural legislation of the Russian Federation that regulate the procedure for seizing and copying digital information without the mandatory confiscation of physical devices (Article 164.1 of the Criminal Procedure Code of the Russian Federation). The advanced experience of the Republic of Belarus is examined, specifically the establishment of strict criminal liability for so-called «money mules» (drops)—individuals providing their financial details to launder criminal proceeds—as well as the operation of automated interbank control systems.Considerable scientific interest lies in the analysis of Georgian and Kyrgyz legislation regarding the legalization of special investigative actions in the cyber environment, including internet traffic monitoring, real-time surveillance of bank accounts, and the direct requisition of computer data from foreign jurisdictions, bypassing lengthy diplomatic procedures.Based on the conducted analysis, the author concludes that a conceptual modernization of pre-trial proceedings in CIS countries is necessary. The article substantiates the thesis that effective countermeasures against cybercrime require the harmonization of national legislations, the implementation of the electronic criminal case framework, the procedural legalization of cyber-search operations as full-fledged investigative actions, and the creation of a unified regional interagency platform for the secure and instant exchange of digital evidence. Implementing the reviewed foreign experience will help build a robust architecture for law enforcement cooperation and ensure the protection of states' sovereign interests in the digital world.

Maqola ma’lumotlari
MualliflarAynura Sabyrbaeva
JurnalXalqaro munosabatlar
Nashr sanasi2026-01-01
Jild3
Son117
Tilen
DOI10.63407/738883

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