Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

Anna Churikova,Mikhail Lavnov,Nina Manova,E.B Dvoryadkina,E.G Animitsa

doi:10.1051/shsconf/20219302018

Abstract

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

Highlights

Technological progress and the growth of mass availability of technologies have generated two main trends: 1) the growth of cybercrime, noted both by Russian [1, p. 423424] and foreign scientists [2, p. 486-489]; 2) heightened public interest in the course of investigation and consideration of criminal cases, giving rise to the need for transparency at all stages of criminal proceedings.In this regard, scientists reasonably note the emergence of an urgent need for openness and transparency in the activities of law enforcement agencies, especially those carrying out and monitoring the implementation of criminal prosecution [3, p. 303; 4, p. 714-717; 5, p. ; 6, p. 86-87]
Despite the fact that in Russia the prosecutor's office formally cannot initiate criminal cases itself, or give a binding order to initiate a criminal case, the solution of this issue directly depends on the prosecutor, because according to Art. 146 of the Criminal Procedure Code of the Russian Federation [8] both the bodies of inquiry and investigative bodies are obliged to send their decision to initiate a criminal case to the prosecutor, and the
The main regulatory document defining the field of digital technologies and digital transformation of society is the Strategy for the Development of the Information Society of the Russian Federation for 2017-2030 [18], which states that digital technologies have become part of modern management systems in all sectors of the economy, spheres of public administration, and national defense, state security and law enforcement

Summary

Introduction

Technological progress and the growth of mass availability of technologies have generated two main trends: 1) the growth of cybercrime, noted both by Russian [1, p. 423424] and foreign scientists [2, p. 486-489]; 2) heightened public interest in the course of investigation and consideration of criminal cases, giving rise to the need for transparency at all stages of criminal proceedings.In this regard, scientists reasonably note the emergence of an urgent need for openness and transparency in the activities of law enforcement agencies, especially those carrying out and monitoring the implementation of criminal prosecution [3, p. 303; 4, p. 714-717; 5, p. ; 6, p. 86-87]. 486-489]; 2) heightened public interest in the course of investigation and consideration of criminal cases, giving rise to the need for transparency at all stages of criminal proceedings In this regard, scientists reasonably note the emergence of an urgent need for openness and transparency in the activities of law enforcement agencies, especially those carrying out and monitoring the implementation of criminal prosecution [3, p. In the Russian Federation, as well as in most other European countries, prosecutors decide whether a criminal investigation will be carried out and whether a criminal prosecution against a person before a court will be upheld It is the prosecutor's office that acts as the guarantor of the impartiality, legality and validity of criminal prosecution. The activity of the prosecutor's office in the criminal process is still closed [9, p. 11-12], and interaction with other law enforcement agencies occurs in most cases on paper, which prevents the provision of an adequate level of control and coordination over the implementation of criminal prosecution by the bodies of inquiry and investigation

Methods

Results

Conclusion