Innovative technologies and principles of criminal proceeding when conducting investigative actions

Keywords: innovative technologies in the criminal process, modern technical means in the criminal process, mechanism for implementation of the criminal process principles, conduction of investigative actions.

Abstract

The discrepancy between the introduction of consumer innovations at the modern level of the criminal procedure minimizes the operation of the principle of criminal proceedings. Purpose of the study is to analyze the use of the problems of introducing innovations in criminal proceedings, as well as the development of norms aimed at improving the mechanism for exercising rights during investigative actions using modern technical means. Methodology: the study of the problem of non-use in the preliminary investigation of modern technologies was carried out using formal-logical research methods, analysis of theory and practice, synthesis and the dialectical method. To develop recommendations for improving legislation, in addition to those listed, comparative and statistical methods were used, as well as interviewing. The main results of the work are: a proposal for the creation of official websites of the preliminary investigation bodies. It was recommended to develop remote investigative actions using video conferencing systems in order to comply with the guarantees of the rights of participants in criminal proceedings; to record investigative actions in modern innovative ways, eradicating the institution of attesting witnesses. The creation of a single base on the blockchain principle will help to avoid a huge flow of information.

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Author Biographies

Lev V. Bertovsky, Moscow State University named after M.V. Lomonosov, Moscow, Russia.

Doctor of Law, Professor, Professor of the Department of Criminal Law, Criminal Proceeding and Criminalistics, Faculty of Law, Moscow State University named after M.V. Lomonosov, Moscow, Russia.

Inna A. Ryzhkova, Main Directorate of Internal Security of the Federal National Guard Troops Service, Moscow, Russia.

Applicant for a scientific degree, candidate of Legal Sciences, Main Directorate of Internal Security of the Federal National Guard Troops Service, Moscow, Russia.

Sergey A. Ryzhkov, Chamber of Lawyers of the Samara region, Moscow, Russia.

Lawyer Chamber of Lawyers of the Samara region, Moscow, Russia.

References

Bairova, A.T. (2018) On the need for legislative regulation of the participation of attesting witnesses in criminal proceedings. Modern problems of theory and practice of law from the point of view of modern researchers, No. 1, https://esstu.ru/library/ (access date: 20.10.2021)

Belkin, A.R. (2013). Novels of criminal procedure legislation - a step forward or a return to proven positions? Criminal proceedings, No. 3, pp. 5 (In Russian)

Bertovsky, L.V. (2017). Blockchain technology in criminal proceedings as an element of digital legal proceedings. Problems of economics and legal practice, No. 6, pp. 227. (In Russian)

Bertovsky, L.V. (2021). High-tech law: concept, genesis, and prospects. RUDN Journal of Law, 25(4), pp. 735-749. DOI: 10.22363/2313-2337-2021-25-4-735-749

Elteko, K.S. (2021). On the use of modern technologies during investigation and solution of crimes. Young scientist, No. 21(363), pp. 319-321. URL: https://moluch.ru/archive/363/81442/ (access date: 09.10.2021)

Ishchenko, E. P., Kramarenko, V. P., & Shevchenko, E. S. (2017). Smartphone as a scientific and technical means of an investigator. Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia, No. 4 (50), pp. 9–12 (In Russian)

Kazakov,a A.V. (2017). New technologies in the Russian criminal procedure. Legal Bulletin of Samara University, 3(3), pp. 94-97. (In Russian)

Kravets, E.G. (2016). Information and communication technologies as an element of technical and forensic support for investigation of crimes (abstracts of the thesis... Candidate of Legal Sciences) Kravets Evgeniy Grigorievich, Volgograd, 24 p. (In Russian)

Kushkhov, R.H. (2019) Actual problems that complicate the development of investigative actions in the Russian criminal process. En Encrucijada de ideas e hipótesis, págs. 77-81, https://emc21.ru2019/11›Stat-kushhov (access date: 25.10.2021)

Lyanguzova, T.V. (2018) Actual problems of conducting investigative actions in the Russian criminal process. International Scientific Journal "Symbol of Science" No. 1, https://cyberleninka.ru/article/ (access date: 25.10.2021)

Nechaeva, N.B. (2015). On the issue of new innovative forensic products for the investigation of crimes. Topical questions of jurisprudence. Collection of scientific papers on the results of international scientific and practical conference. Yekaterinburg, No. 2, pp. 38. (In Russian)

Nekrasov, V.N (2017). Topical issues of criminal law protection of innovative activity in Russia. Topical problems of Russian law, No. 7(80). DOI: 10.17803/1994-1471.2017.80.7.108-114

Novikov, S.A. (2014). Interrogation using videoconferencing systems: the future of the Russian preliminary investigation. Russian investigator, No. 1, pp. 2-6. (In Russian)

Pastukhov, P.S. (2015). On the need to replace a written protocol in criminal proceedings with an electronic document. Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia, No. 3 (58), pp. 22. (In Russian)

Rossinsky, S.B. (2017) Appendix to the protocol of investigative action: to recognize or not to recognize as material evidence? Bulletin of the Institute of Eastern Siberia of the Ministry of the Interior of Russia, 2(81), https://cyberleninka.ru/article/ (access date: 20.10.2021)

Stelmakh, V. Yu. (2016). Modern problems of recording the course and results of conducting investigative actions and possible ways of their solution. Topical problems of Russian law, No. 7(68). DOI: 10.17803/1994-1471.2016.68.7.152-159 (p. 152)

Svetlichny, A.A. (2015). On the role and significance of an expert and a specialist at the initial stage of crimes’ investigation. Topical questions of jurisprudence. Collection of scientific papers on the results of international scientific and practical conference. Yekaterinburg, No. 2, pp. 47-48 (In Russian)

Tukhtasheva, U. (2020). Prospects of simplified proceedings in criminal proceedings. Society and Innovations, 1(1), pp. 189-199. DOI: https://doi.org/10.47689/2181-1415-vol1-iss1-pp189-199 p. 190.
Published
2021-12-30
How to Cite
Bertovsky, L. V., Ryzhkova, I. A., & Ryzhkov, S. A. (2021). Innovative technologies and principles of criminal proceeding when conducting investigative actions. Amazonia Investiga, 10(48), 18-25. https://doi.org/10.34069/AI/2021.48.12.2
Section
Articles
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