Kyrill Klevtsov

General Description of Electronic Information on Criminal Cases in the Framework Of International Cooperation

2021. No. 5. P. 236–255 [issue contents]
The article is devoted to theoretical and legal research of such a complex and multifaceted phenomenon as “electronic information”. The aim is to determine the concept, legal nature and types of such information in the context of the criminal process. The analysis used materialistic dialectics, legal hermeneutics (legal exegesis), special legal, comparative legal methods, sociological and linguistic approach (component analysis of lexical meanings and analysis of translation transformations), as well as the forecasting method. In the course of the study, it was shown that in the legislation, doctrine and law enforcement practice, there is no and still has not formed a unified approach to understanding electronic information in criminal cases. This is due to the fact that it is often compared with electronic evidence, while ignoring its criminal procedural nature. The author comes to conclusion that there is no legal legislative definition of the concept of “electronic evidence” and the possibility of operating with the term “electronic information” today, taking into account its cross-sectoral purpose, accordingly, an appropriate definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information on criminal cases, including those requested within the framework of international cooperation in the field of criminal justice, namely, the provision of mutual legal assistance, thereby such information takes on a supranational connotation. The works of both domestic and foreign lawyers served as a theoretical basis for the study, and among the regulatory framework, both international documents and the national legislation of the Russian Federation and a number of foreign countries were identified. It is also important to use in this manuscript as an empirical basis for research the materials of some criminal cases in which the phenomenon of “electronic information” appeared, as well as the information contained in the Practical Guide on the procedure for requesting electronic evidence from other countries jointly prepared by the UN Office on Drugs and Crime, the UN Security Council Counter-Terrorism Executive Directorate and the International Association of Prosecutors in collaboration with EuroMed Justice and Euromed Police programs.
For citation: Klevtsov K.K. General Description of Electronic Information on Criminal Cases in the Framework of International Cooperation. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 236–255. (In Russ.). DOI: 10.17323/2072-8166.2021.5.236.255
Citation: Klevtsov K. (2021) Elektronnaya informatsiya po ugolovnym delam v ramkakh mezhdunarodnogo sotrudnichestva (pravovaya priroda i klassifikatsiya) [General Description of Electronic Information on Criminal Cases in the Framework Of International Cooperation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 236-255 (in Russian)
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