scholarly journals The use of digital technologies in the implementation of prosecutorial oversight of the implementation of laws in the admission, registration and resolution of reports of crime (legal and organizational aspects)

2020 ◽  
Vol 6 (3) ◽  
pp. 160-167
Author(s):  
Vyacheslav N. Isaenko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technology ◽  
Objective Assessment ◽  
Preliminary Investigation ◽  
Digital Technologies ◽  
Necessary Condition ◽  
Federal Law ◽  
Software Product ◽  
Crime Reports

The article discusses some issues of the use digital technology in the implementation of prosecutorial supervision over the implementation of laws in the reception, registration and resolution of reports of crimes in the bodies of preliminary investigation. Active use of digital technologies in this area of supervisory activities is extremely relevant and practical justified as a necessary condition for prompt receipt, objective assessment of information on the legality and validity of actions and decisions of subjects receiving, registering and resolving crime reports, and the event of their wrongfulness taking appropriate situations, organizational and practical measures of the prosecutors response. According to the author, it is necessary to expand the range of information processed using the appropriate software product. It is proposed to organize the acquisition of data on the results of the investigation of a crime, criminal case about which, as a result of the identification by prosecutors of criminal violations of federal laws, human and civil rights and freedoms, as well as on the results of the work on the search for the missing. In connection whit the regulatory gaps in the use of digital technologies in law enforcement, in is proposed to issue a federal law On Single Record of Crimes, including defining the responsibility of the heads of preliminary investigation bodies to immediately inform prosecutors about the allegations and reports about crimes received.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

scholarly journals Criminal Justice and Digital Technology: Compatibility Issue

Lex Russica ◽  
2019 ◽  
pp. 91-104 ◽  
Author(s):  
L. A. Voskobitova
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Digital Technology ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Experimental Implementation

The paper discusses individual advantages and benefits that the digitalization of criminal procedures can provide. The forms of positive use of digital technologies in practice and the possibility of expanding their use are shown. It is proposed to do this by experimental implementation: a) to introduce them in parallel, along with the traditional ones, or b) to use them completely for different stages of the procedure that are most suitable for formalization and programming. There are three groups of criteria that need to be taken into account: objective characteristics of the nature of criminal procedural relations; the possibility/impossibility of formalization of requirements and procedures; the ability to strengthen, rather than reduce the guarantees of human rights, the reliability of the results of knowledge and justice of law enforcement acts. For a systematic transition to these technologies, it is impossible not to take into account that «human abilities» in criminal procedure can not always be formalized to the extent of their replacement by digital technologies.

scholarly journals Using Online Services to Report a Crime

wisdom ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 120-128
Author(s):  
Larisa MASLENNIKOVA ◽  
Tatyana VILKOVA ◽  
Andrew SOBENIN ◽  
Kseniia TABOLINA ◽  
Tatyana TOPILINA
Keyword(s):  
Law Enforcement ◽  
Video Recording ◽  
Digital Technologies ◽  
Speech Impairments ◽  
False Information ◽  
Online Services ◽  
Other Information ◽  
Law Enforcement Officials ◽  
Electronic Crime ◽  
Crime Reports

The purpose of the study is to analyze the Russian and foreign experience in the introduction of online services for reporting crime and substantiate proposals for improving effective communication between the state and the population in the context of the development of digital technologies. The features of online services for filing crime reports of various leading states in the field of e-government development are considered. The general trends and limits of the use of online services for filing a crime report in electronic form are revealed:1) the possibility of handling such a report only in cases that do not require an immediate response from law enforcement officials; 2) a limited number of categories of crimes for which an electronic crime report can be made; 3) the identification of the applicant both through national portals of public services, and without mandatory identification and authentication; 4) an electronic warning to the applicant about the responsibility for providing deliberately false information; 5) the ability to attach various materials to the application, including a video recording of the crime, data about the person who committed the crime, and other information. The conclusion is justified that the introduction of electronic crime reports should complement the ability to directly report a crime to the police, and not compete with it. The prospects of using online services for reporting a crime by persons with hearing and/or speech impairments are determined. The ways of informing the persons who reported the crime about their rights are shown.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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 Seizure of objects, substances and materials before the initiation of criminal proceedings: Procedural grounds, legal consequences, problems and ways to solve them

2020 ◽  
Vol 11 (4) ◽  
pp. 936-949
Author(s):  
Alexey I. Alexandrov ◽  
◽  
Elena V. Elagina ◽  
Anton G. Kharatishvili ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Law Enforcement Officers ◽  
Evidence Base ◽  
Material Objects ◽  
Federal Law ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Law And Legislation ◽  
Legal Consequences

Problems at the stage of the initiation of criminal proceedings, both in the criminal process and in criminalistics, have always been perceived as acutely relevant. After all, it is at this stage of criminal proceedings that the formation of the evidence base begins where as a rule, the collection, documentation and subsequent research of material objects (objects, substances and materials) both seized in the course of investigative actions, and received in the course of other actions, can be conditionally called non — procedural. Practice shows that law enforcement officers refer to the Federal law “On Police”, The Code of Administrative Offences of the Russian Federation, and the norms of the Federal Law “On Operational and Investigative Activities” to justify the legality and legitimacy of their actions, which, according to the authors, is very controversial, since these normative sources do not contain the appropriate grounds. This article deals with issues related to the seizure of material objects — items, substances and materials that are important for the investigation of crimes, in cases when a criminal case has not yet been initiated, which limits the possibility of using the procedural mechanisms provided for by criminal procedure legislation implemented at the stage of preliminary investigation. The authors are not restricted to criminal procedural institutions and consider the problem of seizures in the context of administrative law and legislation governing investigative activities.

scholarly journals THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

scholarly journals ON THE NEW LEGISLATIVE CLARIFICATION OF THE POWERS OF THE PROSECUTOR IN THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS

2020 ◽  
pp. 199-203
Author(s):  
Fyodor M. Kobzaryov
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Design ◽  
Effi Ciency ◽  
Positive Assessment

The article examines the essence of legislative novels related to supplementing the powers of the prosecutor in pre-trial proceedings, analyses and predicts their impact on the formation of law enforcement practice and the development of the theoretical design of the procedural status of the prosecutor in the pre-trial stages of the criminal process. Particular attention is paid to the provisions related to checking reports of crimes and increasing the signifi cance of the decision of the prosecutor to send relevant materials to the preliminary investigation body to resolve the issue of criminal prosecution. These important provisions also include the additional powers of the prosecutor to demand from the bodies of inquiry and investigative bodies the elimination of violations of federal law committed not only during the inquiry or preliminary investigation, but also directly during the reception, registration and resolution of reports of crimes. Along with a positive assessment of the amendments to existing laws, the article expresses doubts that the precise adjustments made to the supervisory powers of the prosecutor will signifi cantly increase the effi ciency of the authorised bodies and their offi cials in the pre-trial stages of criminal proceedings. At the same time, proposals on renaming the stage of initiating a criminal case and other theoretical positions on the characteristics of this stage, on creating barriers to concealing crimes from accounting, are substantiated.

scholarly journals DIGITAL DESIGN OBJECTS: FEATURES OF LEGAL REGULATION

2020 ◽  
Vol 6 (4) ◽  
pp. 33-37
Author(s):  
R. Sh. Rakhmatulina
Keyword(s):  
Digital Technology ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Digital Design ◽  
Fashion Design ◽  
User Perception ◽  
Software Product ◽  
Artificial Intelligence Technology ◽  
Design Objects ◽  
Exclusive Right

The article is devoted to digital design objects. The author analyzes the features of design objects, examines the influence of digital technologies on the creation of design objects. It is suggested to enter the sign of originality for design objects as for works of art. Digital technologies give an impulse and a different meaning to design objects. The designer combines various types of technologies using digital technology. Thus, the originality of the design product will consist of different components: user perception of the object, convenience, fashion, design of creative use and processing of information, and other interesting and convenient elements. Objects created by artifi cial intelligence technology are becoming popular in design. For objects created by artificial intelligence technology, the criterion of originality will be questioned, since in foreign practice (USA, England), the criterion of originality carries the author's personality, but the novelty can be easily determined by the machine. Hence, it is proposed to grant the author of the software product the exclusive right to the object created by the machine.

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