Improving the system of preventive measures in the context of digitalization

Автор: Ovchinnikova O.V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовный процесс

Статья в выпуске: 3 (34), 2022 года.

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The author believes that an integral consequence of the digitalization of society and the growing involvement of the population in the digital environment is an increase in criminal activity in the field of information and communication technologies. This trend determines the need to strengthen control over the behavior of suspects (accused) in the virtual space. The article analyzes the existing system of preventive measures for the possibility of performing this task, concludes about the lack of this kind of control, in connection with which it is proposed to expand the practice of applying the ban on the use of the information and communication network Internet together with other preventive measures. Considering the possibility of access to the global network as an inalienable constitutional right, the author considers its complete unjustified exclusion unacceptable. The article points to the need to impose on the law enforcement officer the obligation to establish specific grounds and limits for restricting access to the Internet, specifying in the court decision specific actions for which the accused is prohibited from using the global network, electronic resources and online events that are not allowed to visit. This will exclude the use of excessive procedural coercion, will ensure the possibility of participation of the suspect (accused) in social, financial and educational digital services, which is an integral element of digital equality.

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Preventive measures, prohibition of the use of the internet information and communication network, digitalization, criminal procedure, prohibition of certain actions

Короткий адрес: https://sciup.org/14124935

IDR: 14124935

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