Theoretical and legal hypotheses on the digitalization of the criminal process as a basis for law-making activities
Rubrics: CRIMINAL LEGAL SCIENCES
Authors:
1.
Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot
Financial University under the Government of the Russian Federation
Russian Federation
Financial University under the Government of the Russian Federation
Russian Federation
Type:
Article
Pages:
from 59
to 63
Status:
Subject area:
VAK Russia 5.1.4
UDC 34
UDC 34
Language:
Russian
Keywords:
artificial intelligence, legal hypothesis, reform of criminal proceedings, subjects of criminal procedural activity, criminal procedural legal relations, criminal procedural form, criminal process, digitalization
Abstract:
The article discusses theoretical and legal doctrinal hypotheses related to the digitalization of the criminal process. It determines the significance of their scientific understanding as a future basis for law-making activities. By applying the method of systematic research, the article classifies scientific proposals. This classification is based on the most comprehensive criterion from a substantive perspective: the transformation of the criminal procedural form, which involves changes in the content of the elements of criminal procedural relations. The classification allows for the division of theoretical projects into three groups. The first part included scientific hypotheses about such legal reforms that, although related to criminal proceedings, go beyond the scope of criminal procedural law. The projects that involve changes to the criminal procedural form were divided based on this criterion and included in groups called radical and reformist theoretical and legal hypotheses. They were analyzed from the perspective of their compliance with certain principles of criminal proceedings that have a constitutional-legal nature. It was concluded that the implementation of radical proposals contradicts the norms of the Constitution of the Russian Federation.
The article discusses theoretical and legal doctrinal hypotheses related to the digitalization of the criminal process. It determines the significance of their scientific understanding as a future basis for law-making activities. By applying the method of systematic research, the article classifies scientific proposals. This classification is based on the most comprehensive criterion from a substantive perspective: the transformation of the criminal procedural form, which involves changes in the content of the elements of criminal procedural relations. The classification allows for the division of theoretical projects into three groups. The first part included scientific hypotheses about such legal reforms that, although related to criminal proceedings, go beyond the scope of criminal procedural law. The projects that involve changes to the criminal procedural form were divided based on this criterion and included in groups called radical and reformist theoretical and legal hypotheses. They were analyzed from the perspective of their compliance with certain principles of criminal proceedings that have a constitutional-legal nature. It was concluded that the implementation of radical proposals contradicts the norms of the Constitution of the Russian Federation.
Keywords:
artificial intelligence, legal hypothesis, reform of criminal proceedings, subjects of criminal procedural activity, criminal procedural legal relations, criminal procedural form, criminal process, digitalization
artificial intelligence, legal hypothesis, reform of criminal proceedings, subjects of criminal procedural activity, criminal procedural legal relations, criminal procedural form, criminal process, digitalization
