Electronic Investigation Technologies and Modern Format of Technical and Criminalistic Support for Criminal Cases Investigation

2021 ◽  
Author(s):  
G.V. Romanova ◽  
◽  
V.I. Romanov ◽  
Keyword(s):  
Information Technologies ◽  
Rapid Development ◽  
Continuous Process ◽  
Modern Society ◽  
Legal Regulation ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Processing And Storage

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

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 Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

scholarly journals Basis of legal regulation and Internet censorship in China

2020 ◽  
pp. 1-9
Author(s):  
Do Lin'
Keyword(s):  
Information Technologies ◽  
Large Scale ◽  
Rapid Development ◽  
Political Stability ◽  
Legal Regulation ◽  
Chinese Government ◽  
User Data ◽  
Internet Censorship ◽  
The One ◽  
Automated Instruments

This article examines the basis of legal regulation and Internet censorship in China. The genesis, development and relevant regulatory basis of legal regulation of Internet in China is examined. The author comes to the conclusion that on the one hand, Internet in China is subject to tight control due to the rapid development of technologies of observation and increase of police access to user data. Currently, China is one of the leaders in engineering and export of automated instruments for monitoring social networks. The citizens face restrictions based on the control of login accounts that give access to the Internet; blockchain apps and their developers are also subject to control and must provide registration of real names of the users; international corporations, such as Apple, Microsoft, Linkedin, are forced to bend to the demands of Chinese authorities and help to determine and punish the users who do not adhere to the censorship requirements in China. On the other hand, Chinese government makes everything possible for the large scale implementation of information technologies into socioeconomic life of the country, namely industrial and commercial sectors. Usage of internet in the sphere of sociopolitical life restricted, since China justifiably sees a threat to political stability and social security of the country.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

Tendencies of Development of Activities of a Prosecutor in Elimination of Obstacles to Consideration and Resolution of Criminal Cases under the 1864 Charter of Criminal Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Historical Experience ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Additional Investigation

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.

LEGAL ASPECTS OF THE RIGHT OF A CITIZEN OF THE RUSSIAN FEDERATION ON THE STORAGE AND DISTRIBUTION OF PERSONAL DATA IN TERMS OF SOCIAL DEVELOPMENT AND WORLD GLOBALIZATION

2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Information Technologies ◽  
Human Life ◽  
Personal Data ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
The Right

The modern society, having entered a way of postindustrial (information) progress, has unlimited access to various information technologies. The modern person can’t imagine his life without Internet network, mobile communication and instant messages, e-mail, electronic payments and credit cards. However, «simplification» of modern human life entails set of infringements in the sphere of constitutional and civil human rights. The basic feature of legal regulation of the right of a citizen of the Russian Federation on the storage and distribution of personal data in terms of social development and world globalization is conformity of laws to basic issues of the Constitution of the Russian Federation and practical applicability.

scholarly journals Statutory and Regulatory Features of the Digital Economy Implementation in Russia

Legal Concept ◽  
2019 ◽  
pp. 12-17
Author(s):  
Gennadiy Egorov ◽  
Irina Oreshkina
Keyword(s):  
Information Technologies ◽  
System Analysis ◽  
Modern Society ◽  
Legal Regulation ◽  
Digital Economy ◽  
Digital Systems ◽  
Entrepreneurial Activity ◽  
Federal Programs ◽  
Public Interests ◽  
Rule Making

Introduction: modern society involves the creation of legal mechanisms aimed at the introduction of digital systems in all legally significant public interests. At the same time, modern federal programs and strategy for the development of the information society in Russia are the basic elements of the country’s economic development. The aim of the study is to identify the main legal components of the modern digital economy of the Russian Federation. Using the methods of scientific knowledge, especially the method of system analysis, it is found that the complexity of the problem involves the use of both law-making and law-realization “vision” of the main directions and forms of the legal adaptation of the digital systems of the modern economy support. Results: the noted shortcomings in the rule-making development are identified on the basis of the analysis of the data from the electronic banks, which allowed justifying the need for the legal regulation of digital relations in terms of improving the rules of law and the law enforcement practice in the country and proposing a number of measures to eliminate them. Conclusions: it is necessary 1) to create the normative conditions of the digital rights adaptation for the subjects of entrepreneurial activity; 2) to introduce a uniform approach to the concept of digital relations; 3) to justify the most significant advantages of the introduction of digital relations and information technologies covering the whole society.

scholarly journals Mechanism of removal of a forensic expert in criminal proceedings: problem issues

2020 ◽  
pp. 33-41
Author(s):  
Liliia MARTYNOVA ◽  
Iryna STASHEVSKA ◽  
Liliia KUZMENKO
Keyword(s):  
Criminal Procedure ◽  
Research Process ◽  
Legal Regulation ◽  
Point Of View ◽  
Structural Method ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Its Analysis ◽  
Forensic Expert

Introduction. The Convention for the Protection of Human Rights and Fundamental Freedoms states that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to establish the validity of any criminal charges against him. Impartiality, impartiality, objectivity of all subjects involved in criminal proceedings, including a forensic expert, are the key to a fair and efficient trial. The purpose of the paper is a comprehensive, comprehensive study of the mechanism of removal (self-removal) of a forensic expert in criminal proceedings and its analysis in terms of regulations and application in practice. Results. To achieve this goal in the research process used a system of general scientific and special research methods. Terminological analysis was used to reveal the concepts used in the study. The system-structural method was used during the conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine. The application of the method of systematic analysis of legal norms allowed to identify gaps, contradictions in the CPC of Ukraine and to formulate proposals for its improvement. The statistical method was used in the study of regulations, formation and substantiation of conclusions. According to the results of the study, a conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine was carried out and characterized; outlined and analyzed the grounds for dismissal on which the expert can not perform its function in accordance with current criminal procedure legislation of Ukraine; identified gaps in the legislation governing some aspects of the withdrawal mechanism; problematic practical issues of the procedural order of application for withdrawal (self-withdrawal) are clarified. Conclusion. During the research, substantiated proposals and recommendations were developed and formed, aimed at improving the current criminal procedure legislation on the removal of an expert in order to increase the effectiveness of its application. The scientific novelty of the obtained results is that in the first place, the mechanism of removal (self-removal) of a forensic expert in criminal proceedings is comprehensively studied and its analysis from the point of view of legal regulation and application in practice is carried out.

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