scholarly journals On the Necessity of Developing a Unified Definition of «Darknet» in Criminalistics

Author(s):  
Aleksander Protasyevich ◽  
Yulia Skryabikova

The article is devoted to counteracting crimes committed with the use of information-telecommunication technologies, specifically, the Internet. Criminals use the Internet actively to conduct criminal business transactions while hiding in the shadow part of the net — Darknet. This net provides offenders with opportunities for hiding by offering anonymous nets that guarantee a high level of confidentiality. This fact makes it considerably harder for law enforcement bodies to counteract crimes committed with the use of information technologies. Besides, an analysis of the criminal situation in the Russian Federation showed that law enforcement work of counteracting this type of crimes is not effective at the present stage. Due to this, there is a need for improving the level of “digital” literacy of law enforcement employees as well as the development of a criminalistic base that takes into account the digital progress. The authors offer a definition of “Darknet” that describes the essence of this net and that will become the starting point for researching the Darknet phenomenon as an object of criminalistics. The conducted research will make it possible to obtain new sources for building the elements of criminalistic description of crimes and a special criminalistic theory of investigating crimes committed with the use of Darknet.

Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.


Author(s):  
A. I. Semikalenova ◽  
I. A. Ryadovskiy

The paper analyzes the results of studying the current practice of identifying, fixing, preserving and anticipating the forensic examination of the study of digital traces of crime. As a toolkit for monitoring investigative and operational investigative activities in this area, there were applied personal conversations and surveys of employees of the Investigative Committee of the Russian Federation, investigative and operational search units of the Ministry of the Interior of Russia, employees of other services and departments, students of the relevant specialization. In addition, experts in the field of computer information technologies from both the private and public sector, involved in investigative actions and operational search activities were interviewed.The paper presents the results of this study, identifying current problems of criminal justice, faced by law enforcement officials investigating crimes involving information and computer technology, while seizing and recording computer information.


2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


Author(s):  
Yuri Grachev ◽  
Alexander Nikishkin ◽  
Elena Vetrova

This scientific article is prepared on the basis of normative legal acts, materials of investigative and judicial practice, it deals with the most pressing issues of combating corruption in modern Russia. A special place is given to the presentation of the existing problems of prevention, suppression and disclosure of crimes of corruption at the present stage of development of the Russian Federation. Scientific and practical interest is represented by the stated measures directed on effective counteraction to corruption manifestations, and also offers on their improvement taking into account the developed practice and positive experience of foreign countries. The article discusses and reveals the topical issues of promotion of anti-corruption behavior and anticorruption legal awareness in law schools and with the personnel of law enforcement agencies, in particular, improving the criteria for the selection of candidates for positions of employees. The expediency and applicability of the above measures not only to current and future law enforcement officers, but also to all civil servants and employees of other industries exposed to corruption risks and conflicts of interest are fully justified. The results of the application of anti-corruption measures with their proper use, as well as compliance with the principles of continuity and ubiquity of their implementation. It is indicated that the use of the above means, measures and principles of anti-corruption behavior of civil servants leads to a significant reduction in the number of corruption crimes in the internal Affairs bodies and complicates the further appearance of this type of criminal attacks of corruption orientation.


Author(s):  
A. B. Kuryatnikov ◽  
L. S. Orlova

Information technologies influence a place and competitiveness of the companies on the international scene. Сloud technologies take root practically in all branches of economy both in state and in the private sphere the advanced information technologies. The essence of cloud technologies consists in granting to end users of remote dynamic access to services, computing resources and appendices (including operating systems and infrastructure) on the Internet. The purposes of this work are: the analysis of speed of distribution of cloudy technologies in the Russian Federation and the world; definition of drivers of development and distribution barriers in the Russian market; development prospects of cloud-based technology and proposing measures s for stimulating their development . Survey of representatives of the companies participating of the market of cloud services was conducted for the analysis of the factors influencing distribution of cloud services in Russia. The factors influencing the direction development prospects of cloud-based technology are defined by the factorial analysis of answers of respondents in the SPSS program. Based on the results of the survey, the forecasted values of the development of the cloud services market were made. The infrastructure, economic, marketing factors promoting advance of cloud services in the Russian market are revealed as a result of the conducted research. The factors interfering growth of the market of cloud technologies are legal, social and economic, technological and marketing. Tools were developed for stimulation of distribution of cloud services on the basis of the received results. On the basis of the obtained results, it can be concluded that in order to preserve sustainable development, it is expedient to specialize companies for the production of one type of products or in a particular industry. Also it is recommended to develop products for public sector, providers of cloud services only started mastering this sphere. If other information technologies are usually offered to customers through IT directors, then cloud products should be promoted by addressing directly to directors of companies or other representatives distributing the budget.


Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich

The importance of digitalization in all industries is increasing, especially since the possibilities of information technologies are obvious. Criminal proceedings are no exception. In criminal proceedings, information technologies are generally used in the production of an investigative action or with the transition of the entire criminal proceedings to an electronic format. Digitalization in criminal proceedings can be caused by the search for the optimal way to increase the efficiency of criminal proceedings and create reliable guarantees for the protection of the rights and freedoms of persons involved in the criminal proceedings, the use of information technologies on a single digital platform in the paradigm of decisions and evidence. Therefore, digitalization can play a certain role in making decisions about the participation of a person in criminal proceedings.The concept of "artificial intelligence (AI)" appeared in the middle of the last century, but it is only now that AI itself and its capabilities became of interest to society. Modern electronic dictionaries and built-in translators have become popular. It seems important to take into account the very nature of digital technologies.The paper is devoted to clarifying the question of whether multi-vector and multi-valued information technologies can replace any participants in criminal proceedings or become one of the conditions for creating a basis for such a participant as a translator to enter the sphere of criminal proceedings. We will analyze not only the legislation and law enforcement practice of the Russian Federation, but also the positive experience of legislation and law enforcement practice of some foreign countries.


2019 ◽  
pp. 108-112 ◽  
Author(s):  
E. Dolgikh ◽  
L. Parshintseva

The main results of surveys of the population of the Russian Federation on the use of information technologies and information and telecommunication networks for the period from 2014 to 2016 have been described. An analysis of the population’s use of the Internet, including in terms of gender, age, place of residence has been made. Particular attention has been paid to the study of the use of the Internet for the purchase, ordering of goods and services. The article characterizes the most popular goods and services ordered by the population via the Internet. The use of the Internet for the purpose of interaction with public authorities and local self-government has been considered. This paper pays attention to using by our population of the Single portal of public services of the Russian Federation.


2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.


2020 ◽  
Vol 02 (11) ◽  
pp. 139-147
Author(s):  
Abdumalikov Abdulatif Abdumalikovich ◽  
◽  
Khakimov Nazar Khakimovich ◽  
Turaeva Dinara Tolkunovna ◽  
◽  
...  

The modern problems of the formation of digital literacy of the society are considered through the created socio-economic prerequisites for the implementation of digitalization programs in the higher education system in Uzbekistan. The author claims that at the present stage of development of civil society, for the analysis of digital involvement, they allow us to fix a digital gap in the higher education system. The article shows that the implementation of the concept of continuous knowledge in the context of the digital economy becomes a reality when the most talented part of young people is selected for university studies, and the principles of openness and accessibility both in the field of higher education and information technologies are implemented. The implementation of these principles allows us to build a more flexible system of higher education, which will create the prerequisites for obtaining qualified knowledge that meets the requirements of society, a market economy, solve innovative problems in creating universal digital literacy and training competitive personnel. The author of the article offers concrete proposals for further improving the digitalization of the higher education system.


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