Advertisement

The Legal and Informational-Technological Regime of Access to the Secret Protected by the Law at an Initial Stage of Investigation

  • Oleg A. Zaytsev
  • Pavel S. Pastukhov
  • Natalia A. SolovyevaEmail author
Chapter
Part of the Studies in Computational Intelligence book series (SCI, volume 826)

Abstract

Consequences of development and introduction of information technologies which led to formation of new information and technological way of society, digitalization of all spheres of the human activity having evolutionary value for criminal procedure activities for collecting criminal significant information from digital infrastructure are analyzed in this article. The research objective consists of identification of essence of the legal and information and technological regime of access to the secret protected by the law which is in information and telecommunication networks, databases, digital devices at an initial stage of investigation. In modern information and technological society the system of criminal procedure proof needs modernization. It is necessary to develop the new legal and information and technological regime of access to the secret protected by the law at an initial stage of investigation. The prospects of formation of the new legal and information and technological regime of obtaining evidentiary information are connected with simplification of a criminal procedure form, procedural stages of initiation of legal proceedings and preliminary investigation, introduction of electronic workflow. The methodological basis of a research was made by set of methods of scientific knowledge among which the leading place is taken by a dialectic method. In article methods are used general scientific (dialectics, the analysis and synthesis, abstraction and a specification) and science methods (comparative and legal, technical and legal). A conclusion that in the conditions of the created information and technological mode of accumulation, processing, storage, granting and use of information on significant events, the phenomena the investigator has to obtain criminal and relevant information not so much by means of investigative actions, how many by means of other procedural actions, for example inquiries, copying, receiving and saving the obtained information in departmental information systems became result of a research.

Keywords

Information technologies The digitalization protected by the law a secret Proof The information and technological mode of access Electronic workflow 

JEL Classification

410 

References

  1. 1.
    Alexandrov, A. S., et al. (2015). Doctrinal model of the criminal procedure law of evidence of the Russian Federation and comments to it. Moscow: Publishing House «Yurlitinform».Google Scholar
  2. 2.
    Bagmet, A. M., & Skobelin, S. Y. (2017). Limits of restriction of constitutional rights of citizens during survey of cell phones of participants of criminal trial. Penal Law, 6, 97–103.Google Scholar
  3. 3.
    Butenko, O. S. (2016). Criminalistic and procedural aspects of carrying out survey of mobile phones within pretrial investigation. Lex Russica, 4, 49–60.Google Scholar
  4. 4.
    Cassation definition of Judicial board on criminal cases of the Supreme Court of the Russian Federation. (2014). Judicial board on criminal cases of the Supreme Court of the Russian Federation of September 30, 2014 no. 55-O14-6 (in Russian).Google Scholar
  5. 5.
    Federal Law. (2011). About police, (adopted by the State Duma on February 07, 2011 no. 3-FL) (in Russian).Google Scholar
  6. 6.
    Pastukhov, P. S., & Losavio, M. (2017). Use of information technologies for safety of the personality, society and the state. The Bulletin of the Perm University, 2, 231–236.Google Scholar
  7. 7.
    The decision of Plenum of the Supreme Court of the Russian Federation. (2017). About practice of consideration by vessels of petitions for production of the investigative actions connected with restriction of constitutional rights of citizens (article 165 Code of Criminal Procedure of the Russian Federation) (approved by the Plenum of the Supreme Court of the Russian Federation on January 06, 2017 no. 19) (in Russian).Google Scholar
  8. 8.
    The order of the Ministry of Internal Affairs of the Russian Federation. (2006). About the organization of use of expert and criminalistics accounting of law-enforcement bodies of the Russian Federation (approved by the Ministry of Internal Affairs of the Russian Federation on February 10, 2006 no. 70) (in Russian).Google Scholar
  9. 9.
    The Code of Criminal Procedure of the Russian Federation. (2001). The Code was put into effect on December 18, 2001, no. 174-FL (in Russian).Google Scholar
  10. 10.
    Vlasova, S. V. (2018). To a question of adaptation of the criminal procedure mechanism to digital reality. Library of the Criminalist, 1, 9–18.Google Scholar
  11. 11.
    Zuev, S. V., et al. (2018). Information technology development in criminal trial. Moscow: Publishing House Yurlitinform.Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Oleg A. Zaytsev
    • 1
  • Pavel S. Pastukhov
    • 2
  • Natalia A. Solovyeva
    • 3
    Email author
  1. 1.Institute of Legislation and Comparative Law under the Government of the Russian FederationMoscowRussia
  2. 2.Perm State National Research UniversityPermRussia
  3. 3.Volgograd State UniversityVolgogradRussia

Personalised recommendations