Conceptual Legal Viewpoints on the Exercise
of Criminal Jurisdiction in the Context of Digitalization
Conceptual Legal Viewpoints on the Exercise
of Criminal Jurisdiction in the Context of Digitalization
Author(s): Oleg A. Stepanov, Denis A. Pechegin, Mariia O. DolovaSubject(s): Law, Constitution, Jurisprudence, Criminal Law, ICT Information and Communications Technologies
Published by: ASERS Publishing
Keywords: digitalization; criminal jurisdictional activity; justice; fairness; matrix of digital justice; cryptocurrency; crimes in the crypto sphere;
Summary/Abstract: Criminal-jurisdictional activity, being the result of the practical implementation of a defined aspect of state powers, which, together with the subjects of state authority, constitute the competence of the executive and judicial authorities, is associated with the promulgation and application of the norms of criminal and criminal procedural law. The boundaries of criminal jurisdiction are determined by the authorizations of the relevant officials to consider and resolve criminal cases, as well as by the implementation of specific criminal procedural measures. The article points to the need to understand the scientific and practical provisions relating to the prospects of implementing such activities in the context of digitalization, including taking into consideration the experience of law enforcement practice in implementing criminal prosecution in foreign countries. Digital technologies already have a significant impact on various aspects of criminal-jurisdictional activity, optimizing the decisionmaking process based on data collection, coordination of law enforcement officers’ actions, and increasing the effectiveness of their actions. Analysis of this impact on criminal-jurisdictional activity is the main objective of article. The methodological basis of the study is general scientific methods (system analysis, dialectical method, comparative method) and method of legal science (method of interpretation of legal norms). As a result, it is noted that the process of digitalizing social practice is associated with using the potential of artificial neural networks that are able to simulate not only the activity, but also the structure of the human nervous system, to be able to learn independently and act on the basis of previous experience. Attention is drawn to the fact that such a self-learning system can monitor changes in the results of law enforcement, automatically assess the situation and send new relevant proposals that will improve criminal and criminal procedure legislation. Taking into account the fact that the technological nature of law is not in any doubt – developed states are quite actively introducing elements of so-called ‘electronic justice’, taking into account the specifics of a national system of justice and the level of technological progress – that such a fundamental principle of justice as impartiality is analyzed.
Journal: Journal of Advanced Research in Law and Economics (JARLE)
- Issue Year: X/2019
- Issue No: 43
- Page Range: 1541-1560
- Page Count: 20
- Language: English
- Content File-PDF