Legal Algorithms for the Formation of the Subject of Evidence for Crimes in the Field of Digital Economy and Finance
Abstract
For proper law enforcement in crimes in the field of digital economy and finance, the use of mutual connections between criminal and criminal procedural legislation, creating a unified legal foundation for criminal proceedings, is of particular importance. The article reveals the features of the application of certain sets of provisions of the current legislation in the form of legal algorithms, the proper use of which allows to form a detailed description of the subject of proof, as well as to apply systems of legal identities for their use in establishing the limits of proof in relevant criminal cases. Scientifically based approaches to establishing the structure and content of information that has a legal status in each of the evidence obtained during the investigation of criminal cases are described. On their basis, algorithms for presenting evidence in the form of one-dimensional and multidimensional matrices have been developed, the content of which is standardized based on the features of the crimes of the type under consideration and the circumstances subject to proof in these criminal cases. This allows for their proper verification and assessment, as well as establishing the sufficiency of the collected set of evidence. The information structure of such legal algorithms implements “simple” systems of legal identities aimed at establishing the sufficiency of data that correspond to the signs of the crime (which allows making a decision to initiate a criminal case), as well as “double” systems of legal identities that allow establishing the sufficiency of the collected set of evidence at various stages of the criminal case investigation. The features of hierarchical systems of legal algorithms developed to identify signs of committed sets of crimes in the sphere of economics and computer information with “cross” forms of complicity are disclosed. They are aimed at identifying, based on the results of the investigation, the corresponding crimes committed by each of the accomplices. Approaches to the scientific substantiation of proposals to amend and supplement to Part 6 of the Criminal Procedure Code regulating the procedure for processing electronic information using certified software for obtaining evidence and proving crimes in the field of digital rights are discussed.
References
Abdulvadiev A.F. et al. (2021) Crimes committed with the use of information technologies: problems of qualification and features of the investigation. Tyumen: University Press, 376 p. (in Russ.)
Bastrykin A.I. (ed.) (2023) Information technologies in the criminal law sphere. Moscow: UNITY-DANA, 279 p. (in Russ.)
Bastrykin A.I. (ed.) Organization and methodology of investigation of certain types of economic crimes. Moscow: Sputnik+, 2016. 624 p. (in Russ.)
Bychkov V.V. (2022) Conceptual, strategic and doctrinal basis for legislative counteraction in the Russian Federation to extremist crimes committed using information and telecommunication networks. Ius Publicum et Privatum, no. 1, pp. 166–173 (in Russ.)
Dikarev I.S. (2017) Modernization of the pre-trial proceedings system in criminal process. Legal Concept–Legal Paradigm, no. 2, pp. 117–122 (in Russ.)
Efimova L.G. (2020) Sources of legal regulation of public relations in cyberspace. Russkiy zakon=Lex Russica, no. 3, pp. 114–120 (in Russ.)
Gaukhman L.D. (2013) Qualification of crimes: law, theory, practice. Moscow: YurInfoR, 543 p. (in Russ.)
Golovko L.V. (ed.) (2016) Course of criminal procedure. Moscow: Statut, 657 p. (in Russ.)
Luzgin I.M. (1981) Modeling in the investigation. Moscow: Juriducheskaya literatura, 152 p. (in Russ.)
Novikov A.M. (2022) Evidence and proof in investigative practice. Moscow: Moscow Academy of the Investigative Committee of Russia, 184 p. (in Russ.)
Opalsky A.P. (ed.) (2022) Lessons from law enforcement practice in the fight against market manipulation: manual. Moscow: Alpen-Print, 100 p. (in Russ.)
Savenko N.E. (2023) LegalTech in the digital economy and legal regulation of economic activity of citizens. Pravo. Zhurnal. Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, vol. 16, no. 1, pp. 145–171 (in Russ.)
Shmonin A.V. (2017) Trends in development of forensic algorithms for decision-making in criminal process. Trudy akademii upravlenia MVD=Proceedings of the Academy of Management of the Internal Ministry, no. 4, pp. 73–77 (in Russ.)
Soya-Serko L.A. (1980) Investigation programming. Sotcialisticheckaya zakonnost=Socialist Legality, no. 1, pp. 33–34 (in Russ.)
Stoiko N.G. (2014) Initiation of a criminal case: the legislator’s intent and its implementation. Biblioteka criminalista=Criminologist’s Library, no. 1, pp. 168–173 (in Russ.)
Talapina E.V. (2022) Data processing using artificial intelligence and the risks of discrimination. Pravo. Zhurnal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, vol. 15, no. 1, pp. 4–27 (in Russ.)
Timoshenko A.A. (2016) Limits of free assessment of evidence in criminal cases. Rossiyskiy zhurnal pravovyh issledovaniy=Russian Journal of Legal Research, no. 3, pp. 114–120 (in Russ.)
Timoshenko A.A., Feyzov V.R., Chernov I.V. (2023) Scenario approach to the study of directions of regulation of the cryptocurrency sphere in the Russian Federation. Rossiyskiy zhurnal pravovyh issltdovaniy=Russian Journal of Legal Research, no. 2, pp. 21–30 (in Russ.)
Volodina L.M. (2024) Legal regulation of criminal pre-trial procedures. Pravo. Journal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, vol. 17, no. 2, pp. 195–214 (in Russ.)
Volynsky A.F. (2019) Forensic science and forensic activity. Moscow: UNITY-DANA, 440 p. (in Russ.)
Volynsky A.F. (2020) Computer forensics in the system of criminal legal protection of the “traditional” and digital economy. Moscow: Economika, 476 p. (in Russ.)
Yankovsky R.M. (2020) Cryptocurrencies in the Russian law: surrogates, “other property” and digital money. Pravo. Zhurnal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, vol. 13, no. 4, pp. 43–77 (in Russ.)
Zhdanov Yu.N., Ovchinsky V.S. (2020) Cyberpolice of the 21st century. International experience. Moscow: Miezhdunarodnye otnoshenia, 288 p. (in Russ.)
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