scholarly journals Property in the form of an information object having monetary equivalent, as an object of theft of someone else’s property

2021 ◽  
pp. 170-176
Author(s):  
K. A. Mira
Keyword(s):  
Information Technologies ◽  
Criminal Cases ◽  
Information Object ◽  
Judicial Practice ◽  
The Subject ◽  
Information Objects

The article is devoted to the problem of recognizing an information object that has a monetary equivalent in the form of electronic means of payment, cryptocurrency, bonuses on card accounts, uncertified shares and other securities as the subject of theft of other people’s property, committed using information technologies. In the course of the study, there was made an analysis of judicial practice in criminal cases of the theft of electronic means of payment, statistics on the commission of crimes of this type, regulatory legal acts and scientific sources. Particular attention is paid to the issue of the theft of bonuses, the characteristics of this subject of theft and the existing schemes for committing these crimes. Based on the results of the study, a definition was formulated and a characteristic was given to information objects that have a monetary equivalent, in particular, electronic means of payment and bonuses, scientific and legal consolidation of a unified terminology is proposed in order to streamline the practice of investigating theft of someone else’s property, in particular, theft of someone else’s property, committed using information technologies. 

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

scholarly journals Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

2020 ◽  
Vol 6 (3) ◽  
pp. 186-195
Author(s):  
Ilya N. Yefimovykh
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

scholarly journals Information technology in the investigation of riots

2021 ◽  
Vol 12 (2) ◽  
pp. 334-355
Author(s):  
Victor N. Grigoryev ◽  
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
General Situation ◽  
Criminal Prosecution ◽  
Large Area ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Information Retrieval Systems ◽  
History Of ◽  
And Control

The use of information technology is a cross-cutting actively developing element in the method of investigating mass riots, which in modern conditions acts as a factor in the success of this work. The article reveals the features of the criminal prosecution of riots using information technology. The main areas of using automated data banks and information retrieval systems in the investigation of mass riots are determined. Domestic and foreign possibilities of using information technologies in the organization of investigative work, in accounting and control over the materials of criminal cases on mass riots, in fixing the circumstances of crimes and in proving them are shown. The structure of the program for making and supporting the decision to create a specialized investigative group designed to work in emergency conditions is determined. As part of such a group, it is proposed to immediately organize its own information center with its own databank of episodes and persons, taking into account the primary materials on the facts of riots using the programs intended for this. For the formation of information about the general situation of mass riots, special mathematical models for the study of space-time patterns are intended. Recommendations are formulated to survey a large area and recreate a unified picture of disturbances using quadcopters. To determine the involvement of a person in riots, it is recommended to compare data from various electronic sources, such as email correspondence, electronic documents and mobile communication log files, the history of search queries in web browsers, cards and payment systems, etc. The modern judicial practice of proving participation in mass riots using, along with photo and video materials, the corresponding fragments of records also placed in electronic means is assessed.

Features of the Use of Computer-Technical Expertise in Order to Provide an Evidence Base in Criminal Proceedings

2021 ◽  
pp. 71-76
Author(s):  
O. D. Ratnikova ◽  
V. V. Kharin ◽  
O. S. Matorina
Keyword(s):  
Information Technologies ◽  
Evidence Base ◽  
Innocent Person ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Expert Opinions ◽  
Judicial Practice ◽  
Special Knowledge ◽  
Modern Information

The process of investigating crimes committed with the use of modern information technologies is inherently connected with the need to attract specialists from expert organizations with special knowledge and qualifications. In order to form an evidence base in the criminal proceedings of the area under consideration and a comprehensive review of cases, the conclusion of a specialist conducting computer-technical expertise is significant. The scientifically based conclusions of the expert opinion allow us to fully restore the logical chain of circumstances and establish the mechanism of committing a crime, as well as to prove the fact of committing a criminal act, or to justify an innocent person in committing a crime. The relevance of the topic of the article is due to the growth of crimes with the use of modern information technologies. Based on the results of the theoretical analysis and study of judicial practice in criminal cases related to the use of information technologies, the authors consider the features of the investigation of cases and the significance of the results of expert opinions in sentencing. The features of the use of computer-technical expertise in order to provide an evidence base in criminal proceedings are determined.

MANAGEMENT OF THE SUCCESS OF STUDENT’S LEARNING BASED ON THE MARKOV MODEL

2018 ◽  
pp. 4-11
Author(s):  
M. V. Noskov ◽  
M. V. Somova ◽  
I. M. Fedotova
Keyword(s):  
Information System ◽  
Markov Process ◽  
Continuous Time ◽  
Information Technologies ◽  
Educational Process ◽  
Automated Information System ◽  
The Subject ◽  
The University ◽  
Independent Work ◽  
Near Future

The article proposes a model for forecasting the success of student’s learning. The model is a Markov process with continuous time, such as the process of “death and reproduction”. As the parameters of the process, the intensities of the processes of obtaining and assimilating information are offered, and the intensity of the process of assimilating information takes into account the attitude of the student to the subject being studied. As a result of applying the model, it is possible for each student to determine the probability of a given formation of ownership of the material being studied in the near future. Thus, in the presence of an automated information system of the university, the implementation of the model is an element of the decision support system by all participants in the educational process. The examples given in the article are the results of an experiment conducted at the Institute of Space and Information Technologies of Siberian Federal University under conditions of blended learning, that is, under conditions when classroom work is accompanied by independent work with electronic resources.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Freedom of expression and respect for private life in the context of the development of new information technologies: judicial practice of the ECHR and national courts

2021 ◽  
Vol 11 (3) ◽  
pp. 141-156
Author(s):  
Iliya Shablinsky
Keyword(s):  
Human Rights ◽  
Information Technologies ◽  
Freedom Of Expression ◽  
Rapid Development ◽  
Private Life ◽  
European Convention ◽  
Partial Control ◽  
National Courts ◽  
Judicial Practice ◽  
New Information

This article examines and summarises judicial practice in cases related to the use of new information technologies. The study primarily focuses upon the decisions of Russian courts (general jurisdiction and arbitration) and the European Court of Human Rights (ECHR). Employing ECHR practice, the author also refers to numerous decisions by courts in Hungary and the United Kingdom. Cases related to the use of new information technologies can be distinguished between, and this article examines the judicial practice of three categories of cases: 1) blocking of internet resources; 2) employers’ control over employees’ electronic correspondence; 3) journalists’ use of hyperlinks in author’s texts and their responsibility of such placements. Within each category of cases, the rights of citizens can be seriously violated. The article highlights that in an era of rapid development of new information technologies, states, represented by special services and authorised state bodies, are making unprecedented efforts to ensure that they maintain at least partial control over the activities of new actors (bloggers, Internet media, Internet platforms, etc.). Similarly, courts often compromise with authorities when resolving such issues. Notably, national Russian courts did not consider parties’ interests, nor did they assess the need to block all sites with a particular IP address. They did not even follow the Supreme Court of the Russian Federation’s decision to apply the requirements of the European Convention on Human Rights within the framework of the ECHR. The courts limited themselves to pointing out that Roskomnadzor acted within its power. Thus, the decisions of the national courts did not offer a mechanism for protecting rights. Within the norms regulating the new sphere of relations, there are often norms of a restrictive and prohibitive nature, and these norms are dominant in the Russian Federation. In this regard, there remains grounds for concern among lawyers involved in the protection of rights related to new information technologies.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

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