Conceptual Legal Viewpoints on the Exercise of Criminal Jurisdiction in the Context of Digitalization

  • Oleg STEPANOV Department of Criminal and Criminal Procedural Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russian Federation
  • Denis PECHEGIN Department of Criminal and Criminal Procedural Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russian Federation
  • Maria DOLOVA Department of Criminal and Criminal Procedural Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russian Federation

Abstract

Criminal-jurisdictional activity, being the result of the practical implementation of a defined aspect of state powers, which, together with the subjects of state authority, constitute the competence of the executive and judicial authorities, is associated with the promulgation and application of the norms of criminal and criminal procedural law.  The boundaries of criminal jurisdiction are determined by the authorizations of the relevant officials to consider and resolve criminal cases, as well as by the implementation of specific criminal procedural measures. The article points to the need to understand the scientific and practical provisions relating to the prospects of implementing such activities in the context of digitalization, including taking into consideration the experience of law enforcement practice in implementing criminal prosecution in foreign countries. Digital technologies already have a significant impact on various aspects of criminal-jurisdictional activity, optimizing the decision-making process based on data collection, coordination of law enforcement officers’ actions, and increasing the effectiveness of their actions. Analysis of this impact on criminal-jurisdictional activity is the main objective of article. The methodological basis of the study is general scientific methods (system analysis, dialectical method, comparative method) and method of legal science (method of interpretation of legal norms). As a result, it is noted that the process of digitalizing social practice is associated with using the potential of artificial neural networks that are able to simulate not only the activity, but also the structure of the human nervous system, to be able to learn independently and act on the basis of previous experience. Attention is drawn to the fact that such a self-learning system can monitor changes in the results of law enforcement, automatically assess the situation and send new relevant proposals that will improve criminal and criminal procedure legislation. Taking into account the fact that the technological nature of law is not in any doubt – developed states are quite actively introducing elements of so-called ‘electronic justice’, taking into account the specifics of a national system of justice and the level of technological progress – that such a fundamental principle of justice as impartiality is analyzed.

References

[1] About Justice, https://pravoslavie.ru/95545.html, (Accessed June 1, 2019).
[2] Abzalbekova, M.T. et al. 2018. A Principles of Acceptance and Mistakes in the Implementation of Criminal Procedural Decisions. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 5
[3] Adilov, Z.A. 2017. Some aspects of the justification of expectations from the realization of the goal of restoring social justice. The Modern Scientist, no. 5
[4] Adilov, Z.A. 2017. The role of law enforcement agencies in providing a favorable socio-psychological climate in the process of crime prevention. The Modern Scientist, no. 5.
[5] AI as a Tool for Social Justice, Forget Killer Robots, AI as a Tool for Social Justice. AI as a Tool for Social Justice. https://www.huffingtonpost.com/entry/forget-killer-robots-ai-as-a-tool-for-social-justice_us_5a2956a3e4b053b5525db7dd, (Accessed June 1, 2019).
[6] Aletras, N. et al. 2016. Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective. Peer J Computer Science 93, no. 2.
[7] Artificial Intelligence, Artificial intelligence prevails at predicting Supreme Court decisions.’ Artificial Intelligence. http://www.sciencemag.org/news/2017/05/artificial-intelligence-prevails-predicting-supreme-court-decisions, (Accessed JUne 1, 2019).
[8] Beyond Blockchain. https://www.plusworld.ru/daily/cat-kriptovalyuty/tekhnologiya-raspredelennogo-reestra-za-ramkami-blokcheyn/ (Accessed June 1, 2019)
[9] Burdina, E.V. 2018. Development of Judicial System in Conditions of Information Society.’ Russian Justice, no. 7.
[10] Cherdancev, A.F. Theory of State and Law. Moscow, 2002.
[11] Common order on digitalization of the Prosecution Bodies, http://minsvyaz.ru/ru/events/37910/ (Accessed June 1, 2019).
[12] Cybercrime, http://elcomrevue.ru/kibeoprestupnost-chto-eto/ (Accessed June 1, 2019).
[13] Digitalization of the Prosecution Bodies http://genproc.gov.ru/smi/news/news-1331628/ (Accessed June 1, 2019).
[14] Dzumatov, A.-M.D.-M. 2018. Pleadings Issue in Claim Filing via the Electronic Justice Service. Russian Judge, no. 4.
[15] Fedoseeva, N.N. 2008. E-justice in Russia: essence, problems, prospects. Arbitration and Civil Proceedings, no. 9.
[16] Foundation of the State Statistic Justice Base, http://ex.kabobo.ru/docs/163500/index-7024-5.html (Accessed August 1, 2019)
[17] General Prosecutor Interview, https://genproc.gov.ru/smi/interview_and_appearences/interview/1145087/ (Accessed June 1, 2019)
[18] Isaev, I.A. 1994. History of State and Law of Russia. Moscow.
[19] Justice Statistic Outcomes, https://www.rbc.ru/society/17/04/2018/5ad094389a79472df75fa052 (Accessed June 1, 2019)
[20] Kamergerov, A.F. 2017. On some problems of increasing the legal culture of employees of law enforcement agencies. The Modern Scientist, no. 4.
[21] Kashepov, V.P. et al. 2018. Criminalization and decriminalization as a form of transformation of criminal legislation. Moscow, The Institute of Legislation and Comparative Law under the Government of the Russian Federation.
[22] Kerr, I.R., and Mathen, C. 2014. Chief Justice John Roberts is a Robot. University of Ottawa Working Paper (https://ssrn.com/abstract=3395885, (Accessed June 1, 2019).
[23] Khabrieva, T.Y., and Lebedev, V.M. 2012. Justice in modern world. Мoscow,
[24] Khazhipov, R.H. 1990. The role of law and morality in the implementation of the essential forces of man. Ufa.
[25] Kolokolov, N.A. et al. 2013. Theory of Criminal Procedure: competitiveness. Part I. Moscow.
[26] Kozhevnikov, O.A. 2008. The Uncertainty of the content of the legal norms of the Institute of state registration of legal entities can lead to a violation of the constitutional principles of equality and the rule of law. Law and Education, no. 12.
[27] Kurchinov, L.N. 1970. The category of uncertainty in philosophy and its methodological significance for modern natural science. Thesis of diss., Leningrad.
[28] Kuzhikov, V.N. 2015. Fighting legalization of financial proceeds received by a criminal way with application of modern international-law rules. Russian Investigator, no. 16.
[29] Kuzurmanova, I.V. 2011. Administrative activities: system decomposition. Administrative law and procedure, no. 1.
[30] Livshits, R.Z. 1994. Theory of Law. Moscow.
[31] Lukashov, N.V. 2018. Some issues of information support of legal regulation. Paper presented at the meeting of the public law Section of the Institute of legislation and comparative law under the Government of the Russian Federation, Moscow, The Russian Federation, September 26, 2018.
[32] Maksyutin, M.N. 2008. The theory of the jurisdictional process. Band 1. Moscow,
[33] Nedorezkov, V.V. 2017. Crypto-currencies based on blockchain technology: legal regulation issues. Banking Law, no. 4.
[34] Nagoeva, A.V. 2018. Systematism in the Criminal Legislation of the Russian Federation. The Modern Scientist, no. 1.
[35] Nesterov, A.V. 2014. On efficiency in law as exemplified by administrative provision. Administrative law and procedure, no. 10.
[36] Neural network as profit imitation, http://digital-russia.rbc.ru/article-page_9.html (Accessed June 1, 2019).
[37] Norman, D. 1990. Human Error and the Design of Computer Systems. Communications of the ACM, no. 33(1).
[38] Noskov, I.Yu. 2011. Introduction of the e-justice system as the most important area of improvement the judicial system of the Russian Federation. The Modern Law, no. 10.
[39] Patapas, A. 2018. Modeling of Social Welfare Functionsin J. Rawls’s Theory of Justice. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 5.
[40] Pechegin, D.A. 2017. Cryptorisks. Russian Journal of Legal Studies, no. 3.
[41] Pizzi, W.T. 1999. Trials without truth: why our system of criminal trials has become an expensive failure and what we need to do to rebuild it. New York.
[42] Pokrovskij, I.A. 2003. The main problems of civil law. Moscow.
[43] Predicting Justice, 'Predicting justice: what if algorithms entered the courthouse? Predicting Justice. http://theconversation.com/predicting-justice-what-if-algorithms-entered-the-courthouse-91692. (Accessed June 1, 2019).
[44] RBC October 4, 2018. no. 171.
[45] RBC September 21, 2018. no. 162.
[46] Réforme Belloubet, deslogiciels à la place des juges, mirage de la justice prédictive. Réforme Belloubet. https://www.humanite.fr/reforme-belloubet-des-logiciels-la-place-des-juges-mirage-de-la-justice-predictive-654139. (Accessed June 1, 2019).
[47] Resolution of the Constitutional Court of the Russian Federation of July 14, 2005 no. 9-P ‘On the case of checking the constitutionality of the provisions of article 113 of the Tax code of the Russian Federation in connection with the complaint of the citizen G. A. Polyakova and the request of the Federal arbitration court of the Moscow district.’
[48] Resolution of the Plenum of the High Court of December 21, 2010 no. 28 ‘On forensic examination in criminal cases.’
[49] Resolution of the Plenum of the High Court of June 29, 2010 no. 17 On the practice of courts of the rules governing the participation of the victim in criminal proceedings.
[50] Robot Judges, 'Robot Judges could soon helping with court cases.' Robot Judges. https://www.independent.co.uk/life-style/gadgets-and-tech/news/ai-judge-robot-european-court-of-human-rights-law-verdicts-artificial-intelligence-a7377351.html. (Accessed June 1, 2019).
[51] Ruskevich, E.A. 2018. Criminal-legal counteraction to crimes committed with the use of information and communication technologies. Moscow.
[52] Russia’s going over the Planet, http://3rim.info/9505-rossiya-vperedi-planety-vsej-arxitektory-elektronnogo-konclagerya-vyvodyat-prokuraturu-v-cifru.html, (Accessed June 1, 2019).
[53] Saksonov, A.V. 2016. Right - the art of goodness and justice. Student Science Issues, no. 1.
[54] Sharifullin, R.A., Burganov R.S., Bikmiev, R.G. 2018. Issues and Prospects of Information Technology Introduction in the Russian Judicial System. Russian Judge, no. 6.
[55] SingingHeart, https://azbyka.ru/poyushhee-serdce-kniga-tixix-sozercanij (Accessed June 1, 2019).
[56] State Statistic Justice Base Support, http://gasps-support.genproc.gov.ru/go/ (Accessed June 1, 2019).
[57] Stepanov, O.A. 2013. The Perspectives of Improvement the Quality of the Judicial Acts with the Information Technologies. The Modern Law, no. 7.
[58] Taylova, A.G., and Adzieva, S.М. 2017. The role of the prosecutor's office in the formation of legal consciousness. The modern scientist, no. 7.
[59] The Convention on Legal Assistance, The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (22 January 1993, Minsk, as amended on 28 March 1997).’ The Convention on Legal Assistance. http://docs.cntd.ru/document/1900189, (Accessed June 1, 2019).
[60] The International Legal Forum Vladivostok, 2018. https://pravo.ru/news/205507/, (Accessed June 1, 2019).
[61] Tikhomirov, Yu.A. 2014. Predictions and Risks in the Legal Sphere. Journal of Russian Law, no. 3.
[62] Tsai, K.A. 2015. Classic model of criminal law jurisdiction: critical evaluation based upon the example of theft of non-cash monetary funds. Actual Problems of Russian Law, no. 4.
[63] Vekhov, V.B. 2008. Fundamentals of forensic doctrine of the study and use of computer information and means of its processing. Volgograd.
[64] Vlasenko, N.A. 2017.Categories ‘uncertainty’ and ‘certainty’ in the study of law and philosophical problems. Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, no. 1.
[65] Wyss, M. 1996. Öffentlichkeit von Gerichtsverfahren und Fernsehberichterstattung, Überlegungen zu einem grundrechtlichen Spannungsverhältniss unter besonderer Berücksichtigung der schweizerischen Rechtslage. EuGRZ, no. 23.
Published
2019-09-30
How to Cite
STEPANOV, Oleg; PECHEGIN, Denis; DOLOVA, Maria. Conceptual Legal Viewpoints on the Exercise of Criminal Jurisdiction in the Context of Digitalization. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 5, p. 1541-1560, sep. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4842>. Date accessed: 29 feb. 2024.