22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Sokolov Yuri

Abstract: The article is devoted to the justification of the term technological adaptability as the characteristic of the criminal process. The term determines the most important criteria for the admissibility of the use of information technology in the investigation and resolution of criminal cases. The content of the category of criminal procedural information is revealed; the concept of information technology in criminal proceeding is used. The goals and objectives of the use of information technology in the criminal process are clarified. The detailed criteria of eligibility of such technologies in the criminal process, as well as requirements for the legal regulation of the use of information technology, are highlighted and analyzed. Based on the proof as the heart of criminal justice, the author proposes fixing the selected criteria in a separate article of the Criminal Procedure Act (chapter on “Evidence”). Legal regulation of the use of information technology in criminal
proceeding has to comply with legality, adequacy, relevance, practicality, promising, dynamics, ethics, safety, and optimal legal prescriptions. The shortcomings of the current criminal procedure law in matters of legal regulation of the use of information technologies are discussed. The consolidation of the principle of technological adaptability on the level of the law aimed on the use of new information technologies in the proof in criminal cases is proposed.
Keywords: criminal proceeding; information technology; technological adaptability; criminal procedural information; criteria of eligibility.

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