scholarly journals CRIMINAL LAW: MODERN CHALLENGES

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

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


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.


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.


2021 ◽  
Vol 273 ◽  
pp. 12110
Author(s):  
Yanina Morozova ◽  
Oksana Rozhnenko

The modern educational system has a peculiarity: acting as a user, it simultaneously stimulates the development of information and digital technologies. This characteristic is especially come out in the higher education system. At the same time, despite the objective and subjective attractiveness of modern information and digital technologies, it is necessary to realize that their adaptation is, although effective, but still an auxiliary tool in the organization and implementation of the educational process. The introduction of information technologies into the educational process makes it possible to significantly enrich the process of transferring knowledge from teacher to student, to facilitate understanding of complex topics, to level the repetitive monotony in the classroom, to increase the motivation of educational activities, to intensify the activities of students in the classroom, to form a conscious attitude to the educational process, etc. At the same time, the use of information and digital technologies should be justified, logically expedient, designed to complement (and not replace) the teacher's activities in the classroom.


Legal Concept ◽  
2020 ◽  
pp. 154-163
Author(s):  
Ivan Arkhiptsev ◽  
Alexander Sarychev ◽  
Roman Krasnikov

Introduction: according to the official statistics, the number of acts involving information technology is increasing every year in Russia. In particular, currently, the types of crimes in the field of information technology are changing qualitatively and continue to evolve continuously, becoming highly organized and more sophisticated. Through the use of information technologies in Russia, such crimes as hacking, illegal data acquisition (information espionage), theft of other people’s property from payment (settlement) cards and accounts of citizens, trafficking of drugs, arms, human beings are committed; the extremist literature is distributed, new members of terrorist groups are recruited; pornography, including children, is spread, illegal gambling and online games are conducted; fraud through the use of cellular and IP-telephony services, theft of personal data in large amount and selling them, and other crimes are committed using information technologies. The current type of computer fraud – phishing – is gaining momentum. Its essence is that cybercriminals seek to get hold of the data of ordinary people through computer technology, and using this data, get hold of their funds, including financial ones. It seems that such actions can neither contribute to the development of Russian society, nor to the development of civilized relations in society, nor to the development of information networks themselves. After all, any technology can be used for both constructive and non-constructive technologies. And when these goals are destructive, the law enforcement agencies, in our opinion, should have an effective level of training to deal with such violations. We believe that it is not enough to calculate, detect, and establish. We still need to be able to bring the culprit to criminal responsibility. In this regard, the most important thing is to ensure that anonymity not only creates the illusion of impunity, but also that the law enforcement agencies have a sufficient legal, organizational and, first of all, personnel basis to expose the criminal. In order to successfully thwart crimes in the field of information technology, the availability of implementation of the adopted standards and the key to the implementation of the state policy in the field of information security is the training and education of appropriate personnel who would provide “breakthrough” results in this area. The purpose of the research is to study the issues of improving the training of the law enforcement officers in countering crimes committed through the use of information technologies. Methods: the research uses a comparative analysis and generalization of the examples of the educational methods used in the educational organizations of the Ministry of Internal Affairs in the field of information security. The authors study, in particular, the general theoretical and practical orientation of the educational process in this area, synthesizing the results obtained, whose purpose is to improve the training of highly qualified specialists for the Internal Affairs bodies capable of countering crimes in the field of information technologies. Results: the authors formulate the main directions for improving the training of the law enforcement officers to counter crimes committed using information technologies, in particular, on the example of the educational organizations used in the educational process of the Ministry of Internal Affairs of Russia. Thus, one of the measures proposed by the authors in this direction is the opening of a new specialty – cyber-investigator or cyber-criminalist. The entry of developed countries into the sixth technological order and the further active digitalization of the world economy predict a huge scale and replication of crimes using information technologies. This circumstance actualizes the need to popularize the profession of a cyber-investigator – a specialist with an interdisciplinary education, i.e. experience in the investigative agencies will have to be combined with the skills of a criminalist and a specialist in the field of information protection.


2021 ◽  
Vol 13 (18) ◽  
pp. 10424
Author(s):  
Valentin Kuleto ◽  
Milena Ilić ◽  
Mihail Dumangiu ◽  
Marko Ranković ◽  
Oliva M. D. Martins ◽  
...  

The way people travel, organise their time, and acquire information has changed due to information technologies. Artificial intelligence (AI) and machine learning (ML) are mechanisms that evolved from data management and developing processes. Incorporating these mechanisms into business is a trend many different industries, including education, have identified as game-changers. As a result, education platforms and applications are more closely aligned with learners’ needs and knowledge, making the educational process more efficient. Therefore, AI and ML have great potential in e-learning and higher education institutions (HEI). Thus, the article aims to determine its potential and use areas in higher education based on secondary research and document analysis (literature review), content analysis, and primary research (survey). As referent points for this research, multiple academic, scientific, and commercial sources were used to obtain a broader picture of the research subject. Furthermore, the survey was implemented among students in the Republic of Serbia, with 103 respondents to generate data and information on how much knowledge of AI and ML is held by the student population, mainly to understand both opportunities and challenges involved in AI and ML in HEI. The study addresses critical issues, like common knowledge and stance of research bases regarding AI and ML in HEI; best practices regarding usage of AI and ML in HEI; students’ knowledge of AI and ML; and students’ attitudes regarding AI and ML opportunities and challenges in HEI. In statistical considerations, aiming to evaluate if the indicators were considered reflexive and, in this case, belong to the same theoretical dimension, the Correlation Matrix was presented, followed by the Composite Reliability. Finally, the results were evaluated by regression analysis. The results indicated that AI and ML are essential technologies that enhance learning, primarily through students’ skills, collaborative learning in HEI, and an accessible research environment.


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.


2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.


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