Digital technologies in justice in criminal cases

Автор: Grishina Ekaterina Pavlovna, Tasakov Sergey Vladimirovich

Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd

Рубрика: Уголовно-правовые науки

Статья в выпуске: 4 (50) т.13, 2022 года.

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Introduction: the authors give an account of the results of the scientific and practical and legal analysis of the current issues of the use of digital technologies in enforcement activities; substantiate the thesis according to which the introduction of electronic services can significantly modernize the justice process at all stages of the process without exception, ensure the possibility of an unhindered and less costly financial and time-consuming application for the protection of a violated or disputed right. Materials and Methods: the subject of the study was the doctrinal provisions in the use of digital technologies in criminal justice, as well as the prescriptions of international regulations and Russian legislation regulating the use of artificial intelligence technologies and units in judicial activity. In the study, the authors used dialectic, comparison, generalization, historicism, analysis, synthesis, induction, deduction, and historicism. Results: digitalization as a phenomena and legal status is a process of developing, implementation in practice (including judicial), digital transformation and information systems, affecting the exercise of rights, freedoms, legitimate interests and performance of duties by the participants in the relevant legal relations. Discussion and Conclusions: the authors suggest scientific and practical conclusions and recommendations aimed at increased prospects of use of digital technologies in courts. Criminal procedural law and law enforcement practice should be improved in the field of digital technologies: it is important to supplement the Criminal Procedure Code of the Russian Federation with a norm that provides the right of the court to decide on the possibility of interrogating an expert through the use of videoconferencing systems, as well as clarify in the legal positions of the Supreme Court of the Russian Federation the admissibility of the use of web-conferencing in court proceedings and in the administration of justice. In order to ensure the unity of legal regulation and coherence of norms of the Criminal Procedure Code of the Russian Federation it seems appropriate to supplement it Article 282 Part 4 in the following wording: "4. The court considering a criminal case, if necessary, may decide to conduct an examination of an expert through the use of video-conferencing systems".

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Electronic justice services, digital technologies, information security, justice, judicial activity, protection of the rights and freedoms of citizens and legal entities, information and telecommunication network

Короткий адрес: https://sciup.org/142236831

IDR: 142236831   |   DOI: 10.37973/KUI.2022.32.37.017

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