scholarly journals THE USE OF SPECIAL KNOWLEDGE IN DETECTING AND FIXING DIGITAL TRACES: ANALYSIS OF MODERN PRACTICE

2019 ◽  
pp. 178-185
Author(s):  
A. I. Semikalenova ◽  
I. A. Ryadovskiy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Computer Technology ◽  
Information Technologies ◽  
Current Practice ◽  
Information And Computer Technology ◽  
Private And Public ◽  
Law Enforcement Officials ◽  
Special Knowledge ◽  
The Russian Federation

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.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals Victim of operational provocation or criminal?

2020 ◽  
Vol 2020 (2) ◽  
pp. 111-116
Author(s):  
Viktor Borkov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Liability ◽  
Physical Property ◽  
Criminal Code ◽  
Judicial Practice ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Legal Justification ◽  
Legal Understanding

The article discusses the urgent, not regulated by the criminal law, problem of qualifying the actions of the person who committed the crime as a result of the provocative actions of law enforcement officials. Attention is drawn to the absence in theory and judicial practice of a consistent scientific and legal justification for the release of persons provoked to a crime from criminal liability. An “encroachment” committed as a result of a “police provocation” is considered taking into account the institutions of complicity, involvement and inducement to commit a crime. The author examines the proposals already made by experts from fixing the provocation of a crime as one of the circumstances excluding criminal liability (Chapter 8 of the Criminal Code of the Russian Federation), to including its arsenal of operationalsearch means to combat crime. According to the constitutional legal understanding of the investigated problem, the assessment of the act of the provoked is influenced by the activities of the persons who incited him to commit a crime, the essence of the disturbed social relations and the nature of the physical, property, organizational or other consequences that have occurred. The question of the criminal legal assessment of the acts of the provoked persons is proposed to be decided differentially, taking into account the reality and the measure of the harm caused by them.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

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.

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.

Goal-setting of criminal law impact as a special activity of the state

2021 ◽  
Author(s):  
Vladimir Duyunov
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Law Schools ◽  
Depth Study ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.

scholarly journals Features of informatization of the criminal process in the context of the pandemic: New challenges

2021 ◽  
Vol 12 (3) ◽  
pp. 544-554
Author(s):  
Evgenii V. Smakhtin ◽  
◽  
Irina G. Smirnova ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Digital Data ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The article analyses the features of the application of the current criminal procedural legislation in practice in the context of the new coronavirus infection (COVID-19) after recognizing it as a disease that poses a danger to others, the Decree of the Presidium of the Supreme Court of the Russian Federation of April 08, 2020 and Reviews on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection in the Russian Federation of April 21, 2020 and April 30, 2020. However, the difficulties that have arisen in law enforcement practice, also assessed in the article, indicate that criminal procedural legislation will be adjusted in the near future since the number of Decisions of the Presidium and the Plenum of the Supreme Court of the Russian Federation are not sufficient to eliminate ambiguities and contradictions in the Code of Criminal Procedure of the Russian Federation. In particular, the article reflects such key problems as the emerging system of procedural decisions at the pre-trial and trial stages in a pandemic, the possibility of considering not only criminal cases but also case materials using videoconferencing systems as well as the prevailing and optimal understanding by law enforcement agencies of the category “urgency” of such consideration. The authors pay special attention to the absence in the Code of Criminal Procedure of the Russian Federation of the concepts introduced by paragraph “m” Art. 7 of the Constitution of the Russian Federation such as “information technologies” and “digital data turnover”. The results of the study make it possible to formulate proposals for improving criminal procedural regulation in terms of the described problems.

scholarly journals QUALIFICATION OF VIOLENCE IN CRIMES AGAINST JUSTICE COMMITTED AGAINST LAW ENFORCEMENT OFFICIALS DURING PRE-TRIAL PROCEEDINGS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 197-204
Author(s):  
I. I. Golubov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Criminal Violence ◽  
Additional Qualification ◽  
Special Part ◽  
Law Enforcement Officials ◽  
Violent Acts ◽  
The Russian Federation ◽  
Sole Criterion

The article defines the list of norms of Chapter 31 of the Special part of the criminal code of the Russian Federation, which establish responsibility for crimes against justice committed with the use of violence against law enforcement officials during pre-trial proceedings in a criminal case. Considered contained in article 296 and 313 of the criminal code the criminal code, the types of violence dangerous to life or health, and not dangerous to life or health; short brief legal description; the proposed main ways of solving the need for additional qualification of crimes under part 3 and 4 of article 296, part 3 of article 313 of the criminal code in conjunction with the norms of Chapter 16 of the criminal code. It is proved that the qualification of violent acts in the considered group of crimes is subject to the General requirements for the legal assessment of criminal violence, in particular, the rules for comparing the severity of sanctions of a special norm and the norms of Chapter 16 of the criminal code of the Russian Federation. It is also proved that the sole criterion of the severity of sanctions in the classification of the specified group of crimes is not an additional qualification is required and in cases when established in the articles of this Chapter aggravating circumstances not covered by the provisions of the standards, which establishes liability for the offence under the special rule, where violence is a way of committing it.

scholarly journals Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012

2021 ◽  
Vol 1 (2) ◽  
pp. 73
Author(s):  
Indra Wijayanti ◽  
Elsa Rina Maya Toule ◽  
Sherly Adam
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Initial Step ◽  
Peace Agreement ◽  
Conceptual Approach ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Mutual Agreement

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.

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.

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