scholarly journals Digital nechnology and criminal law: interaction issues

2021 ◽  
Vol 60 (1) ◽  
pp. 105-110
Author(s):  
Elena V. Shchelkonogova

The development of digital technologies and their interaction with criminal law are extremely important for lawmaking, law enforcement, and the study of criminal law. In this connection, the author in the article aims to investigate the impact of digitalization on criminal law as a branch of law and as an academic discipline. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis and comparative legal. The author's position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of how artificial intelligence can be useful in assessing an act as a crime, what new offenses have appeared in connection with the development of digital technologies. With the helpof legal analysis of the provisions of the theory of law, the question of whether artificial intelligence can be a subject of law and be liable in the event of harm to the object of criminal law protection is investigated.

2020 ◽  
Vol 2 (5(74)) ◽  
pp. 48-50
Author(s):  
A.V. Serebrennikova

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


2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.


Author(s):  
A.N. Raikov ◽  

The paper addresses the issue of identification the social and humanitarian grounds for constructing criteria for assessing the impact of various factors on the development of innovations using artificial intelligence (AI) technologies. The analysis of basic concepts, standards and criteria for evaluating innovations has been carried out; an analytical review of foreign scientific publications was made. It is shown that modern systems for assessing innovations related to digital technologies and AI place the main emphasis on technological factors in the development of innovations. Social value orientations, including defining the ethical dimensions and social consequences of the malicious use of AI was identified; the analysis of innovation models in the context of quality management and differentiation of semantics of AI models is carried out. As a result, a classification of various types of AI was constructed, taking into account the social and humanitarian grounds for constructing criteria for assessing the impact of various factors on the development of innovations in the field of AI. It allows to increase the reputation potential of companies developing AI systems and AI systems themselves, to counter negative trends in the field of ethics associated with the use of digital technologies and AI.


Author(s):  
Barbara Neuhofer ◽  
Bianca Magnus ◽  
Krzysztof Celuch

Abstract Digital technologies are transforming human relations, interactions and experiences in the business landscape. Whilst a great potential of artificial intelligence (AI) in the service industries is predicted, the concrete influence of AI on customer experiences remains little understood. Drawing upon the service-dominant (SD) logic as a theoretical lens and a scenario technique approach, this study explores the impact of artificial intelligence as an operant resource on event experiences. The findings offer a conceptualisation of three distinct future scenarios for the year 2026 that map out a spectrum of experiences from value co-creation to value co-destruction of events. The paper makes a theoretical contribution in that it bridges marketing, technology and experience literature, and zooms in on AI as a non-human actor of future experience life ecosystems. A practical guideline for event planners is offered on how to implement AI across each touch point of the events ecosystem.


2016 ◽  
Vol 47 (2) ◽  
pp. 185-204 ◽  
Author(s):  
Jacinta M. Gau ◽  
Erika J. Brooke

The present research evaluates recent changes to Florida law and policy to reduce problematic pain clinics (pill mills) and criminal diversion of prescription opioids. These changes entailed a multipronged effort linking regulatory and criminal-law approaches. Quantitative data from the Florida Department of Health and qualitative data from in-depth interviews with law-enforcement officers assigned to pill-mill taskforces reveal steep declines in pain clinics and pill mills. Respondents credit some regulatory enhancements for the reduction, although they describe some interagency cooperation problems and emphasize that despite success, many troublesome establishments continue to operate. The results suggest that Florida’s effort to reduce opioid diversion by tightening regulatory restrictions and law-enforcement scrutiny illustrates a multiagency approach to a problem spanning public health and criminal justice. This could be an example for other states seeking to combat problems that cannot be effectively addressed using regulatory or criminal law alone.


2019 ◽  
Vol 71 ◽  
pp. 05013
Author(s):  
I.E. Milova ◽  
E.A. Milova ◽  
D.D. Osipov ◽  
T.A. Kalenteva

Digitalization is a part of modern reality. It covers all areas of activity, including the educational process. For the training of lawyers is extremely important transition to the figure in the study of disciplines of criminal law orientation. It is in this area of knowledge that the use of artificial intelligence can give breakthrough results. Electronic formats of training not only develop the logic of thinking of lawyers, giving them a sum of theoretical ideas, but also prepare them for independent practical work, giving them the opportunity to gain professional applied skills. At the same time training simulators, business games, help to identify and develop the ability of students to implement specific law enforcement functions. At the same time, future lawyers develop a non-formal approach to obtaining information, with the transition from its simple perception to a logically oriented search, generalization and application, the ability to identify and identify the problem, to develop an algorithm for its step-by-step solution, to obtain optimally informed conclusions.


Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.


2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 560-565
Author(s):  
Yuri A. Kovtun ◽  
Eduard A. Vinokurov ◽  
Irina Y. Kapustina ◽  
Andrey V. Lagutochkin ◽  
Dmitry V. Stepanov

The authors substantiate the feasibility of introducing digital technologies into modern law enforcement. The position on the need for normative consolidation of the procedure for the creation and use of international databases of law enforcement agencies based on blockchain technology, and the introduction of artificial intelligence technologies is substantiated. The need for a phased, but offensive implementation of digital technologies in law enforcement is determined. The main task for successful international integration is the complete digitalization of law enforcement within each country and on the basis of uniform standards that will allow all individual law enforcement agencies to be combined into a single international law enforcement agency.


2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences


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.


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