No. 2 (2022)

Articles

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  International legal regulation of the digital economy

  The article considers the main features of the international legal regulation of the digital economy; noted that at the initial stage of development of digital technologies, the objects of international legal regulation were the principles and directions of development of the latter in the main areas of public life (including the economy), and subsequently it became necessary to develop mechanisms to counteract cyber violations in order to use the socially beneficial advantages of digitalization «was not crossed out» by its risks.

  Yu Soloveva

  335-340

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  Lex informatica: concept and prospects of development

  The article analyzes the concept of lex informatica as the basis for regulating modern international trade relations in the field of e-commerce and business. The rapid development of information technologies, the creation of modern computers, the ubiquity of the Internet space have led to the emergence of new approaches to understanding the existing traditional law. The answer to such challenges of our time was the emergence of a set of rules aimed at regulating trade operations in the information environment, which were called lex informatica. The author examines the reasons for the appearance, the range of sources and prospects for the development of lex informatica. It is concluded that lex informatica regulates not only the substantive and legal interaction of the parties to the contractual relationship, but also the procedural aspects of cooperation, and designed to help meet the needs of business entities, taking into account the evolution of trade relations in the information sphere.

  A Kolosov

  427-432

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  The use of digital technologies in the commission of terrorist crimes: problems of counteraction In recent years, there has been an active introduction of various digital technologies in the process of committing crimes of a terrorist nature. The author set himself the goal of developing recommendations for countering such crimes. To achieve this goal, various forms of criminal activity of terrorist groups committed in the digital space and (or) using digital technologies were analyzed. It is determined that the development of digital space and digital technologies contributes to the intensity of terrorism and led to a change in the mechanism for committing crimes of a terrorist nature. It is concluded that to ensure the effectiveness of measures to counter terrorist crimes committed in the digital space and (or) using digital technologies, a clear strategy and an appropriate regulatory legal framework are needed.

  E Antonova

  6-15

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  Artificial intelligence in the forensic usage of automatic facial recognition technologies

  The article deals with the issues of ensuring national security through deployment of facial recognition technologies in forensics. It also takes a close look at the emerging trend of utilizing artificial intelligence in this field and aims to unravel the mystery of the so-called Deep learning by focusing on the phenomena being incorporated into facial recognition technologies.

  A Sereda

  202-212

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  Some aspects of the investigation of crimes committed using cryptocurrency

  The proposed material touches upon some problems of investigating crimes involving the use of cryptocurrencies. The author, with references to legal doctrine and materials of judicial practice, designates cryptocurrency as a means and subject of crime. Further, the features of the investigation of cryptocrimes related to the establishment of the crime event (time and place of commission), bridging the gap between the location of the criminal and software and hardware complexes, as well as the specifics of the cryptocurrency as a virtual means of the gap between the funds obtained by criminal means and predicate crime are revealed. The author draws attention to the absence of some important elements within the framework of the legal matter that are necessary in the investigation of crimes committed with the use of cryptocurrencies. The conclusion states that the resolution of the identified problems is possible by improving the regulatory framework, which will be an impetus to the development of valid law enforcement, investigative and judicial practice.

  V Kolominov

  111-114

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  To the problem of improvement of criminal legal norms in the context of informatization challenges The purpose of the presented study is to analyze the problems of criminalization of certain types of offenses (theft) committed through the use of digital technologies, including on the global Internet, in the context of ensuring the rights to security of each individual. Based on the study of the current regulations, proposals are formulated to improve the national criminal legislation of the Republic of Belarus by strengthening criminal law repression against the perpetrators who use the digital environment and digital technologies as a place and method of committing a crime.

  T Afonchenko

  15-19

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  Social engineering: a review of modern foreign scientific research The article provides a review of foreign research in the framework of social engineering. The review presents up-to-date data from foreign scientific research on social engineering and issues of countering it. The publications of authors whose works considered various problems within the framework of the research topic were analyzed, as well as the publications of authors whose works considered various problems within the framework of the research topic were analyzed. The article analyzes the evolution of the development of approaches to the study of social engineering.

  D Bersey

  20-33

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  Some issues of the use of digital technologies in the anti–corruption The purpose of the work is to study the modern experience of using digital technologies in the anti-corruption in the Russian Federation and to make proposals on this basis to improve this type of activity. The importance of digital technologies for different areas of anti-corruption is analyzed. Both the experience of the subjects of the Russian Federation (on the example of the Republic of Tatarstan) and the experience of federal authorities are considered.

  I Bikeev

  33-36

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  Using artificial intelligence in criminal proceedings The article examines the experience of European countries in the use of artificial intelligence in criminal proceedings. The problem of using artificial intelligence in accordance with human rights and freedoms is described. The prospect of using artificial intelligence in criminal proceedings is considered, provided that human rights and freedoms are respected, everyone is equal before the Law, and personal data protection is protected. In order to avoid undesirable consequences when using artificial intelligence in criminal proceedings, I suggest taking into account the experience of European countries.

  D Boev

  37-39

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  The rhetoric of the legislator on the issue of the seizure of electronic media and copying information from them during investigative actions Electronic media, their seizure and copying of information directly relevant to the investigation of crimes from them are a litmus of modern trends in digitalization, large-scale use of IT technologies in various fields, including by persons committing socially dangerous acts using these technologies. The article analyzes the legislator’s view on the issue of the mechanism of introducing electronic media directly related to the investigation of a crime, the results of the perception of innovations by law enforcement practice, the need for improvement of the provisions of the law.

  N Bushnaya, V Kudinov

  39-46

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  Tactics of verbal and non-verbal investigative actions in the investigation of cybercrimes The article discusses the current problems arising in the investigation of cybercrimes. The system of means by which these types of criminal acts are committed is investigated: e-mail, file archives, video blogs, information carriers (personal computers, laptops, optical disks, smart watches, smart bracelets, smartphones, etc.), an optimal combination of verbal and non-verbal methods that contribute to the rapid disclosure and investigation of the acts in question is proposed.

  Yu Bystrova, E Bystrova, V Izotova

  46-51

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  Features of the application of criminal liability in the use of artificial intelligence Artificial intelligence is becoming an integral part in the development of modern post-industrial society, therefore it is necessary to ensure proper legal regulation of its use, as well as measures of responsibility applied in case of violation of the law. This article analyzes the subjects of committing illegal acts using artificial intelligence, artificial intelligence is considered as a tool for committing a crime, and possible ways to improve legislation for the effective use of artificial intelligence are proposed.

  E Gafurova

  51-53

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  Special part of the criminal code of the russian federation and digital technologies The article is devoted to establishing the scope of regulation of the Special Part of the Criminal Code of the Russian Federation of relations related to digital technologies. The modern Special Part of the domestic criminal legislation does not use the concept of “digital technologies”, but to a certain extent regulates relations arising from the use of such technologies. Relevant is the question of what sign of a crime are digital technologies, and whether there are prerequisites for combining a group of infringements on digital technologies into an independent structural component of the Special Part of the Criminal Code of the Russian Federation. Relationships related to digital technologies, a new challenge for modem law. It is important for the legislator to find a compromise between observance and protection of human rights, protecting the security of the individual, society and the state, and not hindering the development of this modem industry.

  D Golenko

  54-56

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  Legal assistance within the framework of the virtual space In this study, an attempt was made to set the task of actualizing the development of digital law in order to expand the basis for providing legal assistance in the context of using virtual space. This possibility is considered as a measure of effective implementation of the rights and freedoms of a person who is not able to overcome the challenges of modern geopolitics.

  N Goncharova

  57-59

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  Digital transformation of the penal enforcement system of the russian federation at the present stage of its reform The article an attempt is made to comprehensively consider the modern directions of digital transformation of the penal system of the Russian Federation. Each of the main directions of digital transformation is subjected to a separate analysis and study. Separately, the scientific article draws attention to the analysis of existing regulatory legal and policy documents in the field of digital transformation and informatization of the penal system of the Russian Federation

  D Gorban

  59-63

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  Current issues of cybersecurity of motor transport Discusses the conceptual and substantive aspects of such an important area of road transport security as cybersecurity. The ways of improving the cybersecurity of road transport, including the introduction of digital technologies and unmanned vehicles, the construction of a unified digital transport and logistics environment, as well as the use of online tachographs, have been identified. The conclusion about the need to increase the level of cybersecurity of road transport by holding events at the state level is substantiated.

  E Gorenskaya

  63-67

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  Issues of qualification of criminal money laundering The article deals with the problems of qualification of criminal money laundering. The article examines the issues related to withdrawing funds, virtual assets, commission of money laundering at the transnational level, as well as the need to distinguish predicate and predicative crimes.

  D Gribanova

  68-75

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  On the use of artificial intelligence tehnology taking into account the circumstances mitigating criminal punishment Transformational information processes in the development of society and law have marked a new round of modernization, one of the fundamental sciences -criminal law. The author discusses the main problems of the public-legal sphere of criminal law, models the directions and prospects for the introduction of artificial intelligence technology by the example of establishing the fact of immoral behavior of the victim and the crime, pointing to the contradictions of Russian legislation and the possibility of using a risk-based approach, comparing and modeling the situation for the purpose of one of the ways of forming machine-readable criminal law.

  N Gromovenko

  75-78

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  The use of digital technologies as a way to commit crimes against the peace and security of mankind The presented article substantiates the need to expand the qualified compositions of acts of Chapter 34 of the Criminal Code of the Russian Federation “Crimes against the peace and security of mankind” by indicating the method of committing a crime - the use of digital technologies. At the same time, in the absence of a legislative term, digital technologies are proposed to be understood as electronic, information and telecommunication networks already known to the national criminal legislation, including the Internet, as well as public communication networks.

  E Gruzinskaya

  79-84

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  Problems arising in the process of transition to the digital economy in Uzbekistan: the rise of cybersecurity threats The exponential growth of interconnections on the Internet has led to a significant increase in cybersecurity threats. Improving legal regulation, as well as developing more innovative and effective mechanisms for protecting against cybercrime, is considered a necessary need for cybersecurity. This article discusses the problems of cyber-attacks that arise in the process of transition to a digital economy and measures to ensure cyber security in Uzbekistan.

  N Gulomova

  84-88

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  Digitalization of the criminal process in modern conditions The issues related to the need to expand the possibilities of using IT technologies in criminal procedural activities are considered. Separate aspects of digitalization of pre-trial stages of a criminal case are analyzed. Attention is drawn to the insufficiency of programming procedures at the stage of initiation of a criminal case. Делается вывод о целесообразности скорейшего усовершенствования программных продуктов и законодательной базы для более широкого использования цифровых технологий в досудебном производстве по уголовному делу.

  I Guseva, A Ionova

  89-92

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  Some legal and organizational problems of initiation and investigation of criminal cases related to the theft of cryptocurrencies Over the past three years, the growth of cybercrimes in Russia has amounted to almost 400 %, and in 2021 already every fourth crime included a «prefix» cyber. At the same time, the society is actively interested in digital assets, almost 15 million citizens have access to cryptocurrencies in one volume or another. Despite certain legal gaps related to the regulation of cryptocurrencies and the constant discussion of upcoming changes in their legal status, crimes related to the theft of cryptocurrencies are showing steady growth. This article discusses the legal and organizational problems associated with the stages of initiation and preliminary investigation of criminal cases related to the theft of cryptocurrencies.

  G Devyatkin

  92-97

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  Criminological portrait of a minor criminal in modern russia (under the influence of the internet space) This article is devoted to the peculiarities of the criminological portrait of a juvenile criminal. The purpose of this work was to gain new knowledge about the influence of the Internet space, the online social environment on the formation of the personality of a modern criminal who has not reached adulthood. The results obtained by the author of the study of the characteristics of persons of juvenile age who have committed criminal acts are presented. Special attention is paid to the influence of the Internet space, the online social environment on the formation and development of the personality of a juvenile offender.

  E Demidova-Petrova

  97-100

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  The main directions of digital crime prevention The specifics of modern crime in the digital environment and its qualities of anonymity and latency are investigated. The main threats associated with the spread of the ideology of extremism and terrorism, illegal trafficking of prohibited items and substances, legalization of proceeds from crime have been identified. Mechanisms of international cooperation related to the exchange of up-to-date information and advanced forms of crime prevention are proposed and substantiated.

  D Drozdov

  100-103

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  Reforming the protection function during the transition to the electronic format of proceedings in criminal cases The author considers the possibility of transition to electronic format of criminal proceedings and how it may affect the defense function. It is stated, that electronic document flow, informing of participants of criminal proceedings, remote execution of investigative and procedural actions, data protection will be developed further. It is anticipated, that implementation of electronic criminal case will broaden opportunities for defense party and preserve existing principles and standards of criminal proceedings.

  A Kamenev

  104-107

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