Moot Court on Open Source Evidence Under Ukrainian Civil Law

Authors: Deniz M. Dirisu, Olesia Zaiets, Anastasiia Liulina, Sofiia Ivanovna & Olha Potapchuk

Purpose of the Project

ULN, in collaboration with OSINT Investigators from OSINT FOR UKRAINE, initiated this fictional hearing to gain deeper insights into the legal challenges of using open-source information as evidence in civil proceedings. The primary objective was to explore how victims who face difficulties in gathering evidence through conventional means due to restricted access to occupied territories can strengthen their claims with the support of qualified OSINT investigators.

The appointed judge assessed the case in accordance with the Ukrainian Civil Code and Civil Procedural Code, placing particular emphasis on the relevance and admissibility of OSINT-derived evidence. This exercise demonstrated the critical role that such evidence can and is already playing in Ukrainian legal practice.

By exploring the application of OSINT in proving property damage claims, this fictional hearing highlighted the importance of this method of collecting data as a legitimate tool for victims who might otherwise struggle to substantiate their cases. The findings underscore the necessity of learning national and international frameworks and judicial practices that accommodate modern investigative techniques, ensuring that affected individuals can access justice even in the most complex and restrictive circumstances.

One of the key objectives of this project for OSINT FOR UKRAINE was to rigorously test and refine our internal investigative and OSINT methodology within a structured and realistic legal setting. The initiative aimed to evaluate the effectiveness of our investigative approach, including the use of standardized documentation templates and internal Standard Operating Procedures (SOPs).

Specifically, this exercise was beneficial in examining how well our documentation templates facilitated the collection, documentation, organization, and presentation of open source information (OSINF) and open source evidence (OSE) in a legal framework. Our SOPs supported a methodical, transparent, and legally sound approach for providing open source information in court. Additionally, our SOPs played a critical role in ensuring the replicability of our investigation. A well-structured methodology is essential for maintaining consistency and allowing different analysts/investigators to follow the same or similar procedures while arriving at verifiable conclusions.

Another significant rationale for this moot court was to test the applicability of OSINT in the Ukrainian civil law system. Issues surrounding the admissibility of OSINT and OSE have predominantly focused on criminal law, both in Ukraine and globally. However, the role of OSINT in civil law accountability has been largely overlooked. While civil law mechanisms have long been established as an avenue for accountability, they have not been a primary focus for OSINT groups, as much of the attention has been directed toward criminal processes.

This moot court provided an opportunity to explore how OSINT can be effectively integrated into civil legal proceedings, assess the legal thresholds for admissibility, and determine its potential impact on civil law accountability. By doing so, we aimed to bridge the gap in OSINT application, expanding its relevance beyond criminal justice and into broader legal mechanisms that can provide redress and accountability.

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