scholarly journals Legal Personality of an Interpreter in Criminal Proceedings in the Age of Digitalization

Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Information Technologies ◽  
Digital Technologies ◽  
Electronic Format ◽  
Positive Experience ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Foreign Countries ◽  
The Russian Federation

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.

scholarly journals International Legal Personality and Criminal Proceedings in the Context of Digitalisation

2020 ◽  
Vol 15 (6) ◽  
pp. 112-124
Author(s):  
E. K. Antonovich
Keyword(s):  
Digital Technologies ◽  
Criminal Case ◽  
Electronic Format ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
Criminal Matters ◽  
International Legal Personality

Digitalization is becoming commonplace so rapidly that currently even criminal proceedings are being investigated in the context of possibility of their transition to electronic format. The paper investigates the issues not only about the use of IT-technologies and their role in individual investigative actions and about the place of electronic evidence in the list of evidence, but also about an electronic criminal case. It is known that almost any criminal case cannot proceed without evidence provided by witnesses. This necessitates the reform of the procedure applied to interrogate participants in criminal proceedings, as well as the recording of these interrogations. Such novelties are important both in terms of creating conditions for admissibility and, accordingly, reliability of evidence and in terms of guaranteeing respect for the rights and legitimate interests of persons involved in criminal proceedings. The same applies to other investigative activities that resort to IT-technologies. The national legislations of modern states create their own standards for investigative actions using digital technologies. However, all of this is of particular interest when it comes to international cooperation. The paper on the basis of the analysis of the Russian legislation explains the concept of legal personality and international legal personality. The laws of some foreign countries are also investigated. The paper also examines the issues of normative regulation of the use of digital technologies in some investigative actions including remote examination and deposit of a witness’s testimony in the framework of the provision of legal assistance in criminal matters.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

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.

Problems of Law Enforcement Practice of Antimonopoly Regulation in Digital Markets as an Indicator of the Need for Legislative Reform on the Competition Protection [

2021 ◽  
Author(s):  
A.V. Bychkov ◽  
◽  
D.V. Shram ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Network Effects ◽  
Statistical Data ◽  
Digital Technologies ◽  
Information Protection ◽  
Federal Law ◽  
Digital Platforms ◽  
The Russian Federation

Based on the analysis of law enforcement practice in the field of antimonopoly regulation in digital markets, the authors justify the necessity of reforming the current legislation on the competition protection, and provide statistical data on the scale of the introduction of digital technologies. It is pointed out that the prevailing forms of competition in the global digital market are either an oligopoly or a duopoly. The article provides an overview of the practice of applying the current Russian competition law in relation to IT companies (Yandex N. V., Apple Inc., Google LLC). The article analyzes the shortcomings of the Draft Federal Law «On Amendments to the Federal Law «On Protection of Competition» («the Fifth Antimonopoly Package of Amendments»), prepared by the Federal Antimonopoly Service of the Russian Federation in 2018, and propose the ways to eliminate the shortcomings of some projected standards. The author points out the need to link the concept «digital platform» with the term «information system», designated in the Law of the Russian Federation «On Information, Information Technologies and Information Protection», and to take as a basis the definition enshrined in the French Law on the Digital Republic of 2016. According to the authors` opinion, the concept «network effects» can appear in the legislation only after they are supported by the results of experimentally tested methods for calculating network effects. It is proposed to legally «link» network effects with the use of big data that restricts competition. The results of successive attempts of the FAS (Federal antimonopoly Service) of Russia to limit or cancel «intellectual immunities» are considered, and the correctness of introducing a rule on the removal of such immunities in certain cases is justified. The cases of unfair competition of digital platforms associated with the manipulation of search results algorithms (including the use of interactive enriched responses) are investigated. The article describes the risks of digital ecosystems, the development of which may exacerbate the issues of dominance, in particular, due to the monopolization of data. It is concluded that the FAS legislative initiatives of the sample of 2018 need to be carefully revised in the context of the new realities of the development of IT markets.

scholarly journals Lecture: "Digital technologies of modern forensics"

2020 ◽  
pp. 161-186
Author(s):  
А.И. Бастрыкин
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Modern Science ◽  
Digital Technologies ◽  
Legal Framework ◽  
Criminal Case ◽  
New Information ◽  
The Russian Federation

В данной лекции содержится теоретико-практический материал, отражающий дискуссионные вопросы внедрения цифровых технологий современной науки криминологии в Российской Федерации. Специально показывается, что развитие цифровых технологий предъявляет повышенные требования к обеспечению деятельности следователей при использовании цифровых технологий: при доказывании юридических фактов; оптимизации процессуальных и управленческих процессов, как на стадии возбуждения уголовного дела, так и в ходе расследования преступления; решении проблем, возникающих при внедрении новых информационных технологий в правоприменительную практику. Автор предлагает внимательно проанализировать действующую нормативную правовую базу с целью ее корректировки в направлении повышения эффективности использования цифровых технологий в современной криминалистике. This lecture contains theoretical and practical material, reflecting the debatable issues of the introduction of digital technologies of the modern science of criminology in the Russian Federation. It is specially shown that the development of digital technologies imposes increased requirements for ensuring the activities of investigators when using digital technologies: when proving legal facts; optimization of procedural and managerial processes, both at the stage of initiating a criminal case and during the investigation of a crime; solving problems arising from the introduction of new information technologies into law enforcement practice. The author proposes to carefully analyze the current regulatory legal framework in order to correct it in the direction of increasing the efficiency of using digital technologies in modern criminology.

scholarly journals Changes in the Content of the Principle of Transparency (Openness) in the Context of the Budget System Functioning with the Use of Digital Technologies

2019 ◽  
pp. 38-46
Author(s):  
S. V. Rybakova ◽  
A. V. Savina
Keyword(s):  
Information Society ◽  
Information Technologies ◽  
Digital Technologies ◽  
The State ◽  
Current Version ◽  
Relevant Research ◽  
Legal Personality ◽  
System Functioning ◽  
The Russian Federation ◽  
Budget System

The article analyzes the principle of transparency of the budget system, which requires a different scope in the context of application of information technologies. The author disputes the elements of this principle fixed in the current version of the Budget Code of the Russian Federation, while other elements in the context of digitalization should undergo an appropriate transformation. Reflections of the authors are based on the study of the current financial legislation, normative legal acts and program documents accompanying the processes of formation of the information society including the area of budgetary technologies. Relevant research has been carried out in the context of studying modern budgetary and legal policy. The paper suggests the conceptual model for possible legislative initiatives, as well as for the theory of budgetary law. In addition, the paper considers the phenomenon of e-governement. The composition of traditionally allocated components of e-government (e-democracy, e-government, e-justice) is proposed to be supplemented with another one, namely: e-budget. Such a proposal has been based on certain budget characteristics. First, this concerns how it implements the functions of the state sovereignty, as well as the functionality of feedback in the performance of the overall tax obligation. From the standpoint of legislative technique, the e-budget can be attributed to the group of legal symbols. Therefore, the paper proposes the characteristics of the e-budget given withen the framework of characteristics developed in the theory of types of legal symbols. As a result, the authors have drawn a conclusion about the transformation of the budgetary legal personality of such participants of absolute budgetary and legal relations as the state (public legal entities) and society (citizens and organization).

ON THE USE OF HIGH TECHNOLOGY IN CRIME INVESTIGATIONS

2021 ◽  
pp. 146-152
Author(s):  
Ксения Сергеевна ПЛАХОТА
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Information Technologies ◽  
High Technology ◽  
Law Enforcement Agencies ◽  
Foreign Countries ◽  
High Technologies ◽  
Organizational Problems

В статье рассматриваются возможности и перспективы применения современных высоких технологий, в том числе искусственного интеллекта, в деятельности правоохранительных органов; приводятся примеры успешного опыта использования информационных технологий в раскрытии и расследовании преступлений в ряде зарубежных стран; обозначаются организационные проблемы освоения таких технологий в нашей стране. The article discusses the possibilities and prospects of using modern high technologies, including artificial intelligence, in the activities of law enforcement agencies; provides examples of successful experience of using information technologies in solving and investigating crimes in a number of foreign countries; and outlines the organizational problems of mastering such technologies in our country.

scholarly journals CRIMINAL LAW: MODERN CHALLENGES

2020 ◽  
Vol 2 (5(74)) ◽  
pp. 48-50
Author(s):  
A.V. Serebrennikova
Keyword(s):  
Artificial Intelligence ◽  
Higher Education ◽  
Law Enforcement ◽  
Criminal Law ◽  
Information Technologies ◽  
Digital Technologies ◽  
Educational Process ◽  
Law Enforcement Agencies ◽  
Actual Problem ◽  
Criminal Legislation

Mission: To analyze the main trends related to the digitalization of criminal law in the most discussed areas, to analyze and summarize the positions of researchers regarding the construction of norms on responsibility for computer crimes in the domestic criminal legislation. Reflect the main areas of use of artificial intelligence in the process of qualification of crimes and law enforcement. Consider the use of information technologies in the educational process when training specialists for law enforcement agencies. As a result of the research, the authors conclude that the achievements of recent years in the field of digital technologies have created not only a number of new problems with crime, but also contributed to the prevention, detection, investigation, prosecution and punishment of crime. However, many issues related to their use in criminal law have remained unresolved. Today, the science of criminal law is faced with the task of developing a model of systemic updating of domestic criminal legislation, the effectiveness of which directly depends on the ability of the legislator to perceive trends in the field of information technology and crime challenges. The author's view on the actual problem in criminal law science is presented. The results of the study and the conclusions formulated in this article can be used in the educational process when studying the Sciences of the criminal law cycle in higher education institutions

scholarly journals Aspects of Information Security of the Russian Federation

2018 ◽  
Vol 5 (1) ◽  
pp. 59-65
Author(s):  
A I Khaliullin
Keyword(s):  
Law Enforcement ◽  
Information Security ◽  
Russian Federation ◽  
Information Technologies ◽  
Document Management ◽  
High Tech ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Russian Federation

The scientific article considers issues of ensuring international information security, the component of which is the information security of the Russian Federation. High-tech methods and characteristics of the criminal space for committing crimes in the field of computer information determine their effectiveness. At the same time, there is no common position of states in the issues of countering cybercrime, which is predetermined, among other things, by the different level of penetration of information technologies. Despite the efforts of the Russian Federation to formulate rules for networking, including the inadmissibility of violating the information (network) sovereignty of states and other proposals put on the agenda of working groups at the UN, they do not find support from individual groups of countries. The absence of universally recognized borders in the network space, as well as procedures for interaction between law enforcement agencies in order to counteract cybercrime, forms a potentially conf licting information environment with a relatively low level of security. Identifying, suppressing and investigating cybercrime is, in most cases, complicated by the transboundary nature of the acts committed, which involves coordinating the efforts of law enforcement agencies of different states.Currently Russia is implementing a set of measures aimed at the regulatory regulation of the use of procedural documents in electronic form in order to accelerate the interaction of participants in criminal proceedings and reduce the terms of criminal proceedings: material evidence in criminal cases is electronic media containing electronic documents; separate elements of electronic document management are introduced. However, the legislation of the Russian Federation in the information sphere, as well as the practice of its application, needs further improvement.A special place among the subjects of counteracting the dissemination of information on the Internet, the circulation of which is limited in the territory of the Russian Federation, is assigned to the bodies of the Procurator’s Office of the Russian Federation, which not only oversees the implementation of laws throughout Russia, but also directly eliminates the causes and conditions that contributed to the commission of cybercrime.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

Digitalization in the system of anti-corruption measures

2020 ◽  
Vol 22 (5) ◽  
pp. 51-55
Author(s):  
OLEG N. KORCHAGIN ◽  
◽  
ANASTASIA V. LYADSKAYA ◽  
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
Public Administration ◽  
Network Architecture ◽  
Digital Technologies ◽  
Current State ◽  
Foreign Countries ◽  
Separate Area ◽  
Private Business Sector ◽  
The Given

The article is devoted to the current state of digitalization aimed at solving urgent problems of combating corruption in the field of public administration and private business sector. The work considers the experience of foreign countries and the influence of digital technologies on the fight against corruption. It is noted that the digitalization of public administration is becoming one of the decisive factors for increasing the efficiency of the anti-corruption system and improving management mechanisms. Big Data, if integrated and structured according to the given parameters, allows the implementation of legislative, law enforcement, control and supervisory and law enforcement activities reliably and transparently. Big Data tools allow us to analyze processes, identify dependencies and predict corruption risks. The author describes the most significant problems that complicate the transfer of offline technologies into the online environment. The paper analyzes promising directions for the development of digital technologies that would lead to solving the arising problems, as well as to implement tasks that previously seemed unreachable. The article also describes current developments in the field of collecting and managing large amounts of data, the “Internet of Things”, modern network architecture, and other advances in the field of IT; the work provides applied examples of their potential use in the field of combating corruption. The study gives reasons that, in the context of combating corruption, digitalization should be allocated in a separate area of activity that is controlled and regulated by the state.

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