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.

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 Using Digital Technologies in Criminal Cases in Court: Reality and Prospects

Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
Author(s):  
I. I. Sheremetev
Keyword(s):  
Video Recording ◽  
Digital Technologies ◽  
Criminal Case ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Council Of Europe ◽  
Experimental Development ◽  
Automated Information System ◽  
E Mail

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.

scholarly journals TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

2019 ◽  
Vol 2 (42) ◽  
pp. 35-61
Author(s):  
Nataliya Yakymchuk ◽  
Ganna Vlasova ◽  
Oksana Vaitsekhovska ◽  
Petro Tsymbal ◽  
Yuliia Baliuk
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Status ◽  
Economic Globalization ◽  
Intergovernmental Organizations ◽  
Legal Personality ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Legal Personality ◽  
Legal Entities

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

scholarly journals Access to Justice in Ukrainian Criminal Proceedings During the COVID-19 Outbreak

2020 ◽  
Vol 3 (2-3) ◽  
pp. 115-133
Keyword(s):  
Fundamental Rights ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Democratic Development ◽  
Judicial Control ◽  
Legitimate Interests ◽  
Court Proceedings ◽  
Criminal Matters ◽  
Judicial Protection

This article examines relevant issues of criminal proceedings in the context of the COVID-19 pandemic in Ukraine. In the wake of the COVID-19 pandemic, many governments have focused their efforts on protecting democratic values and ensuring not only the rights and legitimate interests of their people, but also their lives and health. At the same time, the pandemic has affected not only the economies of countries, but also their democratic development and fundamental rights, which have always been a priority of any democratic society. Courts and law enforcement authorities have faced challenges that have been and still are adequately addressed in order to ensure that the rights and legitimate interests of those seeking judicial protection are respected. Each state independently assessed the degree of risks and the extent of permissible restrictions on the rights and freedoms of persons involved in the proceedings, so the present study analyses the different approaches that have been applied. At the same time, documents of the Council of Europe for the Efficiency of Justice (CEPEJ) have gained high importance, because they, among others, have developed tools for Council of Europe member states to address the problems of ensuring access to justice in the pandemic. The generalization and widespread discussion of such experiences is important, because it will be useful for states to further improve existing legislation, taking into account best practices. Based on a study of changes introduced in the Ukrainian legislation to prevent the spread of the coronavirus disease, conclusions are proposed about the nature and extent of the restrictions, as well as the principles on which they should be based and the guarantees to be provided. Recommendations that will contribute to improving the regulation of access to justice in criminal matters in a pandemic are also proposed. Key words: justice in the context of the COVID-19 pandemic; access to justice in the context of the COVID-19 pandemic; judicial control over the protection of rights, freedoms and legitimate interests of persons in criminal proceedings; the investigating judge; reasonable terms of criminal proceedings; publicity and openness of court proceedings; trial by videoconference.

GROUNDS AND CONDITIONS FOR THE CONTINUATION OF CRIMINAL PROCEEDINGS IN THE EVENT OF THE DEATH OF A SUSPECT (ACCUSED)

2020 ◽  
Vol 10 (2) ◽  
pp. 88-94
Author(s):  
OLGA ANUCHINA ◽  
Keyword(s):  
Criminal Case ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
Close Relatives

The death of a suspect (accused) is considered in the article not only as the basis for terminating the criminal case, but also as the factual basis for the continuation of the proceedings for rehabilitation. The necessity of protecting not only the rights and legitimate interests of the deceased as a subject of legal reality, but also the legitimate interests of the close relatives of the deceased, his heirs, in their absence - the defender, as well as accomplices of the crime, is determined. At the same time, we are talking about circumstances and conditions under which the criminal proceedings should be continued in order to rehabilitate the deceased suspect (accused).

The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes

2020 ◽  
Vol 28 (4) ◽  
pp. 333-353
Author(s):  
Maciej Rogalski
Keyword(s):  
Law Enforcement ◽  
Union Member ◽  
Fundamental Rights ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Production Orders ◽  
Criminal Matters ◽  
European Union Member States ◽  
European Production ◽  
The Eu

Abstract In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matters. It is worth examining how the specific solutions accepted and the way they have been formulated may affect the fundamental rights of participants in criminal proceedings, particularly when that impact may be adverse. From this perspective, a detailed analysis is made of what entities will be authorised to issue European Production Orders, in relation to what kinds of electronic evidence, and under what conditions.

scholarly journals Forms of the exercise of judicial power in criminal proceedings in the context of the procedural status of the court as a participant in criminal proceedings

2019 ◽  
Vol 13 (3) ◽  
pp. 376-385
Author(s):  
P. A. Lutsenko ◽  
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
State Institution ◽  
Judicial System ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Structural Mechanism ◽  
Legitimate Interests ◽  
The One ◽  
Principle Of Legality

The article analyzes the procedural status of the court as a participant in criminal proceedings, taking into account the specifics of its legal status and its functions. The legal status of the court in criminal proceedings is determined by the lack of public or personal interest in the outcome of the criminal case, which not only determines the adversarial form of proceedings, but also guarantees the independence of the judiciary in the administration of justice. The author comes to the conclusion that the concept of “court” is collective, because, on the one hand, it is a state institution that is part of the judicial system, on the other hand, a judge is a carrier of power, considering a criminal case on the merits and making decisions stipulated by by law. The judicial system has a sign of instancedness, due to its internal hierarchical structure. The presence of judicial instances predetermines the movement of a criminal case, is a structural mechanism for the implementation of the function of internal judicial control and supervision and also protects the rights and legitimate interests of participants in criminal proceedings and other interested parties. The powers of the court are considered on the basis of a functional criterion, namely: resolution of the criminal case on the merits; control over the activities of preliminary investigation bodies; consideration of complaints about actions (inaction) and decisions of officials conducting criminal proceedings; response to the violations of the rights and freedoms of citizens, the principle of legality, established circumstances that contributed to the commission of a crime committed during the criminal proceedings by issuing a private ruling or decision.

scholarly journals Possibilities for the Use of Information Obtained by Using Information and Technical Means and Means of Operative-Search Activities in Other Criminal Matters

2018 ◽  
Vol 6 (1) ◽  
pp. 87-93
Author(s):  
Zuzana Kurucová
Keyword(s):  
Supreme Court ◽  
Slovak Republic ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Application Problem ◽  
The Supreme Court ◽  
The Media ◽  
Criminal Matters ◽  
Open Question

Abstract Information that were obtained legally using information and technical means and means of operative-search activities have the nature of evidence in criminal proceedings. The nature of evidence is granted directly to this information, not to the media where they are recorded. In the case of legal use, this information has the nature of evidence in the criminal case, but the provisions of Criminal Procedure Code in the Slovak Republic contribute significantly to the detection and proving of serious criminal offences, because such information can be indirectly used also in other criminal case. Problematic is the fact that the Supreme Court of the Slovak Republic adopted differing positions precisely on these options of the use of evidence in other criminal case, this dispute was also joined by the Prosecutor's office and this application problem has not been resolved even by the unifying opinion at the level of the Supreme Court of the Slovak Republic. There is therefore still an open question from the point of argumentation and application, what evidence can be used also in other criminal cases or under what conditions.

scholarly journals ELECTRONIC EVIDENCE IN THE INVESTIGATION OF CRIMES: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2020 ◽  
Vol 35 (3) ◽  
pp. 162-165
Author(s):  
E.V. Christinina ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Scientific Article ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Investigation Process

The scientific article is devoted to important issues related to the peculiarities of legal regulation of electronic media used as evidence in the investigation of a criminal case. The object of research of the scientific article is the law enforcement activity of the preliminary investigation bodies on the use of electronic evidence in the investigation of crimes. The article pays special attention to the purpose and production of individual investigative actions, during which electronic evidence is collected and evaluated. The subject of research in the scientific article is a set of norms established by the criminal procedure code of the Russian Federation and the opinions of procedural scientists regarding the use of electronic evidence in the investigation of crimes. The article analyzes the experience of foreign countries in the use of electronic evidence in the investigation process. The conclusion about the necessity and importance of using electronic evidence in a criminal case is summarized.

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