POSITIVE AND NEGATIVE ASPECTS OF ELECTRONIC CRIMINAL CASE INTRODUCTION

The article discusses both positive and negative aspects of the development of such a phenomenon as an electronic criminal case. It is noted that, taking into account the general digitalization of society, criminal proceedings in the future will undergo significant changes. This will be facilitated by the widespread introduction of electronic document management, remote forms of investigative and judicial actions, the use of algorithms and mathematical calculations in making procedural decisions, the use of robotics. Much will depend on the successful solution of problems related to ensuring information security, protecting the legal rights and freedoms of citizens, as well as the interests of society and the state.Keywords:electronic criminal case, information technology, criminal procedure, algorithms, robotics

Tactics and Technology of Non-Verbal Investigative Actions Production in Computer Crimes Cases: Theory and Practice

The paper considers the doctrine of information and computer forensic support of investigative and judicial actions tactics, which is part of the system of the private theory of information and computer support of forensic activity. The subject of the teaching is the laws of gathering, scrutinizing and applying computer information in the production of investigative and judicial actions. The objects are the tactics and technology of investigative and judicial actions. Based on the theoretical aspects of the teaching, the authors have developed the tactics and technology of non-verbal investigative actions in cases of computer crimes. Among these are inspection of the scene of the crime, search, seizure, investigative experiment, given the choice of tactical impact and making a tactical decision depending on the specifics of investigative situations in the conditions of tactical risk associated with possible counteraction to the investigation. The tactical and technological support for the production of the above-mentioned non-verbal investigative actions is developed taking into account the features of digital traces, which are characterized by a high speed of transformation, are easily destroyed and modified, can be represented by an almost infinite number of copies, are characterized by the impossibility of perception directly by the senses, but only with the use of special devices and programs for detection, fixation and preservation, are confirmed by control numbers (hash sums) or other data indicating their integrity. The basic principles of working with digital traces in the production of non-verbal investigative actions are determined. They are the preservation of digital traces unchanged at all stages of working with them; full reflection of all manipulations in the protocols of investigative actions; the exceptional importance of preparatory measures, including the selection of a specialist and the determination of his competence, the availability of the necessary equipment and software for working with digital traces. For each of the above-mentioned investigative actions in the investigation of computer crimes, tactical techniques and technological support for the most effective obtaining of criminally significant evidentiary and investigative information have been developed.

ACTUAL PROBLEMS OF USING THE RESULTS OF OPERATIONAL-SEARCH ACTIVITIES IN THE COURSE OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASE

В статье описаны проблемы использования результатов оперативно-розыскной деятельности в досудебном производстве. Делается вывод о том, что результаты оперативно-розыскной деятельности могут быть использованы в качестве поводов для возбуждения уголовного дела, для подготовки и осуществления следственных и судебных действий, предусмотренных УПК РФ. The article describes problems of using results of operational-search activities in pre-trial proceedings. It is concluded that results of operational-search activities can be used as grounds for initiating a criminal case, for the preparation and implementation of investigative and judicial actions provided for by the Code of Criminal Procedure of Russian Federation.

Private Securities Litigation

This chapter focuses on the erratic and unacceptable private securities litigation framework that prevails in the United States. The litigation structure contained in the federal securities acts was based on a different era and is not suitable for today’s securities markets. Although federal legislation has been enacted to address perceived shortcomings on an episodic basis, significant gaps and inconsistencies exist. Likewise, the federal courts, faced with a fractured statutory regimen, frequently have construed the remedial provisions in a wooden and unduly restrictive manner. The consequence of these congressional and judicial actions is a disparate liability framework that lacks sound logic, consistency, and even-handed treatment for plaintiffs and defendants alike. This chapter provides several examples of the inconsistencies and disparate treatment that prevail under the federal securities laws. Thereafter, recommendations for corrective measures are proffered. These proposals, if adopted and effectively implemented, should instill a substantially greater degree of certainty, uniformity, and equity than currently exists.

Guarantees of observance of rights for personality are during realization of secret inquisitional (of criminal investigation) actions

An institute of secret inquisitional (of criminal investigation) actions is relatively the new judicial legal phenomenon in practice of the home criminal rule-making. Use of his possibilities by an investigator, public prosecutor as gives the side of prosecution in the hands of organs of pre-trial investigation important and effective facilities of collection and verification of proofs in interests of complete and objective implementation of tasks of every criminal realization. Such secret activity of organs of criminal pursuit is known and with success used in many countries. At the same time, the secret of activity of official public organ and his employees during the assembly of proofs in relation to involvement of certain persons to committing crime creates the terms of illegal or excessive interference with the sphere of the personal rights and interests of participants of criminal realization. By them can be both persons that is suspected of involvement to committing crime and those, that participate in secret realization of judicial actions or by chance got into consideration of law enforcement authorities during implementation of tasks of separate inquisitional actions. The norms of the Criminal code of practice of Ukraine not only establish order realization of secret activity the organ of pre-trial investigation but also serve as the important guarantee of protection of constitutional rights for every personality. It touches the order of receipt of permission on realization of secret inquisitional actions, cases of interference with private communication, prohibitions of interference with the private intermingling of defender, clergyman with suspected, to the defendants, with convict justified, regardless of occasions and reasons of such interference, opening of materials of criminal realization to the side of defense after completion pre-trial investigation, prohibition the uses of the privately got materials, that does not relate to certain criminal realization. The not complete clearness of formulation of separate judicial norms can be corrected by their interpretation taking into account general principles of realization of criminal realization.

General and Special Theories of Criminal Procedure

The relevance of the article can be determined on the basis of research on general theories of criminal procedure. The main theoretical provisions of the criminal procedure of continental Europe began to be developed in 1864, after the adoption of the Charter of the Criminal Proceedings of Russia. Theoretical developments included a conceptual approach that defined guarantees for the rights, freedoms and interests of participants in the procedure, basic principles, forms of evidence and proving, the procedure for investigative and judicial actions. The aim of the article is to reveal the theoretical content of the general theory of the procedure and to determine new special theories enshrined in the current legislation. If general theories of the procedure have been considered at the level of monographic research, special ones have remained outside the scope of studies. The novelty of the research consists in the disclosure of theoretical and practical aspects of general and special theories of criminal procedure on the basis of existing legislation and the practice of its application by criminal justice authorities and the collegiate court. The article considers the theoretical aspects of a special theory. Issues of the optimization and procedural economy of criminal procedure based on benchmark theory are related to the release of a person from criminal liability and the use of alternative measures. New legal definitions are proposed that establish a clear mechanism for procedural, investigative (search), judicial actions in establishing, securing, evaluating evidence of guilt or innocence of a person. The existing legal constructions of general theories provide an impetus for the application of special theories of criminal procedure, which are associated with solving the problems of criminal proceedings, its optimization, and procedural economy of applying criminal procedural repression. The current criminal procedural law does not fully define the concept of general and special theories of the procedure. The article proposes theoretical aspects and practical solutions to these emerging problematic issues. The basic concept of the article includes the analysis of general and special theories of criminal procedure, the determination of the provisions for its optimization and procedural economy on the basis of the unified content of criminal and procedural rules in establishing circumstances related to the closure of criminal proceedings, and the release of a person from criminal liability. Based on the analysis of the current criminal procedural legislation, the content of procedural repressions, which are determined on the basis of the procedural status of prosecution and the mechanism of their application with respect to a particular category of participants in criminal proceedings, is revealed.

The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)

The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, translator, appraiser, specialist. The strategy of reducing the crimi -nogenic potential of a person who gives evidence or testimony, conclusion or assessment, or translates should be implemented primarilythrough preventive measures.The addressee of an individual warning, which can be considered as one of the types of special warning, is a specific person (person),potentially capable of committing an offense due to external (materially encouraging circumstances, pressure from the public orparty) and internal factors, personal moral and ethical norms, customs, traditions, beliefs, personal friendship or revenge, indifference,retribution and other motives). Warning encourages the individual to take more seriously, attentively and responsibly to provide anytestimony, information, conclusion, translation; not to be indifferent to investigative or judicial actions, summonses to court, trial.In warning or imperative statements with indicative forms, the will is always expressed in relation to future action, which is clearlyperceived as an order. The strength of the influence of the volitional impulse depends on the person who perceives it. In the processof communication, the forms of the order are addressed to a person who depends on the legislator, respectively, and the nuances of theorder acquire modal values of categoricalness.The specificity of modern law is - imperative (categorical, authoritative). It is the form of imperative that does not allow changesin the previously established requirements to act accordingly. Imperative norms of law: 1) prescribe clearly defined actions; 2) establishan unambiguous exhaustive list and content of the rights and obligations of the subjects; 3) do not involve any deviations.

Political corruption in Italy

At least since the 1990s, corruption has continued to be listed as one of the major shortcomings affecting old and new European democracies. In spite of that, measuring political corruption is still a tricky task. In this scenario, some recent studies proposed to turn the attention to the judicial actions to curb corruption, through criminal prosecution, shedding light specifically on the investigations involving high-level politicians (Popova and Post 2018; Dallara 2019). In this paper we aim to present data about judicial prosecution of political corruption in Italy, emphasizing how the number of investigations involving political actors seems rather high, although relatively few cases end with a conviction. Moreover, we aim to suggest some explanatory factors that could account for this situation. Among them: the salience of the issue in the political and public debate; the governance structure of the Italian judicial system and some characters of the Italian criminal law and procedure.

Aggregate Airs: Atmospheres of Oil and Gas in the Greater Chaco

In the Greater Chaco region of northwest New Mexico, new fracking technologies are stirring up lands, chemicals, and relations that concentrate attention in the surround. This article argues that extraction’s cumulative atmospheric effects are experienced by Diné residents of the region in ways that cannot be accounted for by the agencies that manage oil and gas. The state’s presumption of atmospheric commensurability is reinforced by techniques of settler governance that fragment ecological and ontological domains like air and land. This fragmentation often preempts the possibility for Indigenous claims to meaningfully disrupt administrative or judicial actions. Unfolding extraction’s atmospheres across three cases, I examine how scale mediates the problem of commensurability. I describe how prevailing approaches to regulating impacts of the oil and gas industry manipulate scale in ways that obscure the cumulative effects of extraction. Drawing on fieldwork with Diné residents of the region who have mobilized to study how fracking affects their wellbeing, and I show how this scalar work facilitates the commensuration of extraction’s impacts across Indigenous and non-Indigenous worlds––as well as when this commensuration fails.

8. European Actions

This chapter describes the direct enforcement of European law in the European Courts. The judicial competences of the European Courts are enumerated in the section of the Treaty on the Functioning of the European Union (TFEU) dealing with the Court of Justice of the European Union. The chapter discusses four classes of judicial actions. The first class is typically labelled an ‘enforcement action’ in the strict sense of the term. This action is set out in Articles 258 and 259 TFEU and concerns the failure of a Member State to act in accordance with European law. The three remaining actions ‘enforce’ the European Treaties against the EU itself. These actions can be brought for a failure to act, for judicial review, and for damages.