OPTIMIZATION OF CRIMINAL PROCEDURE LEGISLATION IN THE FIELD OF EVIDENCE IN CRIMINAL CASES ON CRIMES AGAINST PROPERTY COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
Abstract and keywords
Abstract (English):
The article identifies the problematic issues of proof in criminal cases of crimes against property committed with the use of information and telecommunication technologies, associated with disproportionately long periods of obtaining information serving as evidence, which in turn lead to a violation of the principles of criminal justice. As a result of the application of general scientific methods for conducting scientific research, incl. analysis of the current legislation, statistical data, practice of international cooperation and materials of criminal cases, it is proposed to optimize the criminal procedure legislation in the field of evidence in criminal cases of the above category in order to reduce the time for collecting evidence.

Keywords:
criminal procedure, optimization of criminal procedural legislation in the field of evidence, crimes against property, information and telecommunication technologies, principles of criminal procedure.
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References

1. The state of crime in Russian Federation. URL: https://mvd.rf/files/application/2354902/ (accessed 25.03.2022). (In Russ.)

2. The Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996 (as amended of July 1, 2021) (with amendments and additions, intro. effective of August 22, 2021). Collection of legislative acts of the RF, 1996, no. 25, art. 2954. (In Russ.)

3. Khramtcov E. S. Problematic evidentiary issues in criminal cases involving crimes against property committed using information and telecommunications technologies. Legal science and practice: Journal of Nizhny Novgorod academy of the Ministry of internal affairs of Russia, 2021, no. 3 (55), pp. 141-144. (In Russ.)

4. Criminal procedure code of the Russian Federation no. 174-FZ of December 18, 2001 (as amended of March 9, 2022) (with amendments and additions, intro. effective of March 17, 2022). Collection of legislative acts of the RF, 2001, no. 52, art. 4931. (In Russ.)

5. The Constitution of the Russian Federation of December 12, 1993, as amended during the all-Russian vote of July 1, 2020. URL: https://www.consultant.ru/document/cons_doc_LAW_28399/ (accessed 19.04.2022). (In Russ.)

6. About the connection: federal law no. 126-FZ of July 7, 2003 (as amended of December 30, 2021) (with amendments and additions, intro. effective of March 1, 2021). Collection of legislative acts of the RF, 2003, no. 28, art. 2895. (In Russ.)

7. On banks and banking activities: federal law no. 395-1 of December 2, 1990 URL: http://www.consultant.ru/document/cons_doc_LAW_5842/ (accessed 17.07.2021). (In Russ.)

8. On operational search activity: federal law no. 144- FZ of August 12, 1995 (as amended of April 1, 2022). Collection of legislative acts of the RF, 1995, no. 33, art. 3349. (In Russ.)

9. European Convention on Mutual Legal Assistance in Criminal Matters of 20 April 1959. URL: https://www.consultant.ru/document/cons_doc_LAW_121347/ (accessed 19.04.2022). (In Russ.)

10. Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993. URL: https://www.consultant.ru/document/cons_doc_LAW_5942/ (accessed 19.04.2022). (In Russ.)


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