scholarly journals On the Informatization of Criminal Proceedings in the Kyrgyz Republic in the Context of the Introduction of Digital Technologies

2020 ◽  
Vol 6 (9) ◽  
pp. 316-323
Author(s):  
Z. Sydykova

The article raises questions about the need to introduce information technologies into the criminal justice of the Kyrgyz Republic in the context of digital transformation. The author believes that the goal of criminal proceedings for the implementation of the concept of legal informatization in the Kyrgyz Republic is the introduction of digital technologies in criminal proceedings, increasing its transparency, reducing the time frame of the criminal process, as well as optimizing the cost of paperwork and providing access to the case materials online. The use of digitalization as a new stage of information technology in criminal proceedings makes it possible to significantly improve the quality and efficiency of criminal proceedings, as well as facilitate the work of law enforcement officers, contributing to the formation of an independent information personality, teach them to make the right decisions and effectively use information resources. The main essence and role of information technology is the provision, storage, processing and perception of information and its accounting. The object of the research is a set of public relations regarding the informatization of criminal proceedings in the context of the introduction of digital technologies. The subject of the research is the norms of criminal procedure legislation on the implementation of electronic justice in Kyrgyzstan. The author came to the conclusion that the demand in making procedural decisions by the subject of a criminal investigation now makes it possible to present digital products (judicial acts) in electronic format and neutralize corruption components, increase greater confidence in the judiciary, ensuring the transparency of legal proceedings. With the help of digital technologies, information processes are rationalized, automated systems for making electronic court decisions are being introduced.

2020 ◽  
Vol 6 (9) ◽  
pp. 308-315
Author(s):  
K. Smanaliev

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.


2020 ◽  
Vol 6 (8) ◽  
pp. 210-215
Author(s):  
B. Karypov

The development of digital technologies in all spheres of public life is an actual issue for states. Globalization processes spawn the need for broad integration, where digital technologies come to the fore on the development of an effective state with law-making that meets modern requirements. The use of digital technologies allows legal monitoring of the legislation system, ensuring the elimination of gaps, duplication, changes in the legislative acts. The article considers the problems of informatization and digitalization of law-making activity in the Kyrgyz Republic. The object of the study is public relations arising in the process of informatization and digitalization of the law-making activity of state authorities of the Kyrgyz Republic. The subject of the study is the theoretical and practical problems of the introduction and further development of information and digital technologies in the legislative process of the Jogorku Kenesh of the Kyrgyz Republic to increase the level of adopted regulatory legal acts and the effectiveness of lawmaking in general. While studying the problem, universal and specific scientific methods of cognition were used: analysis and synthesis, deduction and induction, historical and comparative. The results of the study allow us to conclude that the activity on the adoption, amendment and repeal of normative legal acts should correspond to a dynamically developing economy.


2021 ◽  
Vol 7 (2) ◽  
pp. 291-296
Author(s):  
A. Kalygulova

The article is devoted to the issue of the powers of the investigating judge in the application of a preventive measure in the form of detention in criminal proceedings of the Kyrgyz Republic. The relevance of the study is due to the introduction of a new procedural figure of the investigating judge exercising judicial control in pre-trial proceedings, as well as applying measures and restricting the rights and freedoms of the suspect. The powers of the investigating judge to apply a preventive measure in the form of detention affect the right to freedom guaranteed by the Constitution of the Kyrgyz Republic. In this regard, the issue of considering the powers of the investigating judge regarding the application of the above preventive measure is relevant. The object of the research: an investigating judge-judge who applies measures restricting the rights and freedoms of a suspect, exercising judicial control over the legality of procedural actions and decisions of persons carrying out pre-trial proceedings and the prosecutor. The subject of the study: the powers of the investigating judge to apply, refuse restraint in the form of detention, as well as extend the period of detention.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014


Author(s):  
I. Mytrofanov

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.


2021 ◽  
Vol 74 (1) ◽  
pp. 114-121
Author(s):  
Vasyl Kovalov ◽  

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).


2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.


2018 ◽  
Vol 47 (1) ◽  
pp. 102
Author(s):  
Paul Heyman ◽  
Christel Cochez ◽  
Mirsada Hukić

<p>In this paper we aim to add additional knowledge regarding the occurrence, origin and epidemiological features of the English sweating sickness. The English sweating sickness raged in five devastating epidemics with mortality rates between 30 and 50% between 1485 and 1551 throughout England, and on one occasion also affected mainland Europe, in 1529. The Picardy sweat, generally considered as the English sweating sickness’ lesser deadly successor, flared up in France in 1718 and caused 196 localized outbreaks with varying severity all over France and neighboring countries up to 1861. The English sweating sickness has been the subject of numerous attempts to define its origin, but so far all efforts have failed due to lack of material, DNA or RNA, that - using modern techniques and knowledge - could shed light on its cause. Although the time frame in which the English sweating sickness occurred and the geographical spread of the outbreaks is generally known, we will demonstrate here that there was more to it than meets the eye. We found reports of cases of sweating sickness in years before, after and between the 1485, 1508, 1517, 1529 and 1551 epidemics, as well as reports of sweating sickness in Italy and Spain.</p><p><strong>Conclusion. </strong>In spite of the fact that the English sweating sickness apparently has not caused casualties for a more than a century now, we suggest that -given the right circumstances- the possibility of re-emergence might still exist. The fact that up until today we have no indication concerning the causal pathogen of the English sweating sickness is certainly not re-assuring.</p>


Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.


Author(s):  
Ekaterina Nikolaevna Smirnova

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of &ldquo;digital control&rdquo; preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the &ldquo;problematic&rdquo; aspects of the phenomenon under consideration.


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