Уголовно-процессуальное право на этапе современной цивилизации: методологические и технологические подходы

Abstract

The relevance of research. The editor’s paper highlights the key issues of the feature of the journal “Legal Concept” = “Pravovaya Paradigma” under the title “Civilizational transformations in criminal procedural legal approaches”. The relevance of the feature is determined by the civilizational transformations that determine the vector of procedural law development, its methodological and technological approaches. The influence of criminal procedural legal approaches in the process of forming a new state, public and personal consciousness is investigated. The scientific novelty of the project prepared by the editorial board is determined by the fact that in any civilizational transformation, many circumstances should be taken into account to cope with solving not only the problems that have already accumulated, but also to understand the problems that are arising in connection with the introduction of the most complex information and telecommunications technologies, various gadgets and high-tech devices that are changing the daily lifestyle of a person. The criminal procedure sphere of law is no exception, whose methodological and technological approaches could not but undergo serious changes. The role of criminal procedural legal approaches cannot be underestimated, since the regulation of modern technologies in the relevant field of law, the management and control over them to ensure the normal, uninterrupted functioning of the state legal system as a whole depend on them to an equally important extent. This means that the scientific research presented in the heading “The main topic of the issue” is relevant and timely, and the conclusions, suggestions and recommendations formulated based on their results have both scientific and practical significance. The methodological framework for the collective research is made up of the general scientific methods of cognition used in the social sciences in general, including in law. They form a system of general, special and private methods of scientific research. Among the most significant general methods of cognition is the formal-logical method. The special and private methods are presented in the scientific papers of the heading mainly by the methods of consistency, analysis, statistical and comparative law. The results of the study. It is noted that law, along with other social regulators, is a necessary mechanism for implementing the foundations of modern civilization. It is rather difficult to determine the genesis of civilizational transformations in criminal procedural legal approaches, since every century is famous for its socio-economic transformations, which, as well as scientific and technological progress, always have to be taken into account by the legislator and modernize the legal system in a timely manner. In the era of the sixth way of technological development, information society, digitalization of all spheres of life, an instant response from the legislative, executive and judicial authorities is necessary. Otherwise, social development may suffer significant damage, measured not only in economic equivalents, but also in moral and ethical ones. This fact gives special importance to the scientific research presented in the heading “The main topic of the issue”. Conclusions. It is concluded that the authors of the papers presented in the heading “The main topic of the issue” have made a number of recommendations, suggestions and attempts to resolve the existing legal conflicts of substantive and procedural criminal law norms to improve modern legislation in the conditions of civilizational transformations. The study of criminal procedural legal approaches allows us to better understand the trends in the development of Russian and foreign civilizations at the turn of the information age and digital law. It is argued that as the significant results of the project, both theoretical and practical, it is possible to state the increment of knowledge in such branches of modern legal science as criminal law, criminal procedure and criminalistics.