
First Results of the Scientific Project No. 18-29-16018 “The Concept of Forming up Criminal Proceedings Providing Access to Justice in the Conditions of Digital Technologies Development”
Author(s) -
Л Н Масленникова
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.158.1.070-087
Subject(s) - law enforcement , economic justice , normative , criminal justice , political science , sociology , law , public relations , computer science
The paper substantiates the necessity and possibility of developing the concept of forming up criminal proceedings that provide access to justice in the conditions of digital technologies development. When developing the concept, the following methods were used: general scientific, interdisciplinary, that is, common to criminal procedure science and information science (for example, mathematical method, and modeling) and specific methods for each of these sciences. The interdisciplinary nature of the study required the use of synergetic, phenomenological, sociological, activity, and normative-value approaches. The main directions of the concept are substantiated as follows: in part of digitalization of criminal proceedings — design and implementation of a state automated system "Access to justice", which has no analogues in the Russian Federation; the creation of a common digital platform for electronic interaction for leaders at all levels of law enforcement and other state bodies, judges, prosecutors, investigators, interrogating officers among themselves and with citizens while ensuring the all members are digitally equal; in terms of paradigm shift of the initial phase of criminal proceedings — a new approach to pre-trial proceedings as a public service to ensure citizens access to justice; provision to participants, having no authority, with the right to address in court with petitions for the deposition of evidence, the adoption of measures to secure a civil claim, etc.; the transformation of the preliminary judicial control into an organizationally independent judicial body that ensures access to justice through considering appeals at the initial stage of criminal proceedings, including remotely. It is shown how the results obtained can be used in further scientific research, legislative and law enforcement activities.