The aim of the research consists in development of offers and recommendations about further improvement of criminal-legal and criminological measures of fight against crimes in the sphere of information technologies and safety.
The object of the research work is the system of the public relations regulating criminal-legal, criminological and organizational measures for counteraction to crimes in the sphere of information technologies and safety.
The scientific novelty of the research consists of the following:
the expediency of establishment of administrative responsibility for violation of personal privacy at compliance with the law about protection of private life, ensuring protection of the rights of citizens and also completion of legal gaps is proved;
need of establishment of responsibility for infringement of personal privacy in article 1411 Criminal Code of the Republic of Uzbekistan when ensuring criminal legal protection of personal privacy and inevitability of responsibility is proved;
for ensuring the principles of justice and humanity in the criminal legislation the expediency of awarding punishment in the form of restriction of freedom on the persons who have committed crimes in the sphere of information technologies is proved;
high degree of public danger of some crimes (illegal activities for attraction of money and (or) other property (article 1881 of CK), production, storage, distribution or demonstration of the materials containing threat of public safety and to public order (article 2441 of CK)) committed with use of networks of telecommunications and the Internet is explained;
establishment of responsibility for bringing to suicide and inducement to suicide with use of networks of telecommunications and the Internet is proved;
need of introduction of responsibility of the blogger for placement of public negative information of a certain look for the Internet is proved;
inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract, need of nondisclosure of the specified data are proved;
establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts is offered;
expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state are specified;
need of recognition of the actions exerting negative impact to life, health and morality of the personality, made with use of means of information technologies as socially dangerous act is offered.
Implementation of research results. The results of the study are used:
the proposal on establishment of administrative responsibility for violation of personal privacy has found the reflection in article 461 of the Code of the Republic of Uzbekistan about the administrative liability entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). This change provides compliance with the law about personal privacy, protection of the rights of citizens and also completion of a legal gap in the legislation;
the proposal on establishment of criminal liability for violation of personal privacy has found the reflection in article 1411 of the Criminal code of the Republic of Uzbekistan entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). Establishment of criminal liability for commission of the act breaking personal privacy provides criminal legal protection of private life of the person and inevitability of responsibility;
offers on expediency of awarding punishments in the form of restriction of freedom concerning the persons who have committed crimes in the sphere of information technologies, have found the reflection in articles 2781-2786 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan from August 10, 2015 No. ZRU-389 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer serves purpose of alternative punishment for crimes in the sphere of information technologies;
high degree of public danger of commission of some types of crimes with use of networks of telecommunications and the Internet has found reflection in article 1881, the «g» point of third part of article 2441 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of April 25, 2016 No. ZRU-405 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). According to this offer criminal liability for use of information technologies in criminal intents has been established;
responsibility for bringing to suicide, the inducement to suicide made with use of networks of telecommunications and the Internet have been established in article 103 and 1031 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of June 13, 2017 No. ZRU-436 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer has served establishment of criminal liability for the information attacks encroaching on human life;
regulations on responsibility of the blogger for dissemination of public negative information of some look on the Internet are introduced in articles 3 and 121 of the Law of the Republic of Uzbekistan from December 11, 2003 No. 560-II «About informatization» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves prevention of various crimes committed with use of the Internet;
offers on inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract need of nondisclosure of the specified data have found the reflection in article 18 of the Law of the Republic of Uzbekistan of May 22, 2018 No. ZRU-385 «About electronic commerce» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer became a basis for the ban illegal use of personal data from participants of electronic commerce;
offers on establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts are introduced in article 16 of the Law of the Republic of Uzbekistan of September 8, 2017 No. ZRU-444 «About protection of children from information doing harm to their health» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer has served recognition of dissemination of information among children of information doing harm to their health as illegal behavior;
offers on improvement of criminal liability for crimes in the sphere of information technologies and safety have been used by preparation of analytical notes within the Concept of improvement of the criminal and criminal procedure legislation approved by the resolution of the President of the Republic of Uzbekistan of May 14, 2018 No. PP-3723 (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves a proving of inevitability of responsibility for crimes in the sphere of information technologies and information security;
offers on expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served increase in efficiency of prevention of crimes in the sphere of information technologies and information security;
offers on need of definition of external influence, level of competence and practical skills of employees, motives of offense when studying the reasons of crimes in the sphere of information technologies and information security and also conducting monitoring of social networks have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served definition of the reasons and early warning of crimes in the sphere of information technologies and information security;
offers that the information security is object of criminal legal protection taking into account its direct connection with the state interests have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served protection of information security as object of criminal legal protection;
offers on need of implementation of complex measures from law enforcement agencies for ensuring information security at information security have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has provided orientation of activity of law enforcement agencies on information security;
offer that threats of information security exert essential harm to the interests of the personality, society and state information have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03- 07-02/124). This offer has allowed to estimate high degree of public danger of information threats as a factor of commission of information crimes;
the rule about protection of the personality against illegal information influence taking into account that impact on consciousness of the personality with use of means of information technologies exerts negative impact on life, health and morality of the personality, has found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served recognition of the specified actions as socially dangerous act.
Structure and volume of the dissertation. The thesis consists of an introduction, four chapters, a conclusion, a list of used literature and applications. The volume of the thesis is 260 pages.
The article analyzes tasks of simplified proceedings. The forms of simplified proceedings are considered as "summary proceedings" (England), "plea bargaining" (USA), "conditional refusal to initiate criminal prosecution", "criminal order" (France), "expedited proceedings"(Germany). The ways of implementation in domestic legislation have been developed and proposed based on the results of studying models of simplified legal proceedings.
SUMMARY
One of serious problems for each state is to ensure the promptness of criminal proceedings regardless of legal system in which it operates. Attention has recently been drawn to the need of introduction of simplified procedure among the ways to increase efficiency.
Discussion at the XII UN Congress on Crime Prevention and Criminal Justice (El Salvador, Brazil, April 12-19, 2010) about the concept of simplified (accelerated) criminal justice showed that improving the fight against crime in modern conditions requires taking into account a wide range of factors. Issues negatively affecting its condition included ineffective and protracted investigations, limited use of pretrial detention clauses, ineffective case management, limited resources from prosecutors and judiciary and their insufficient use.
According to the UN, summary proceedings are simplified procedure that expedites court proceedings in order to make criminal justice system more efficient and minimize costs. In general, summary judgment is used in lower courts, usually for less serious criminal offenses, and is an expedited procedure in which certain formal procedures are not required or simplified.
With this article, the author continues the cycle of his scientific publications dedicated to the study of the structure of criminal procedural evidence. Based on the arguments presented, the author comes to the conclusion that it is necessary to partially revise his previous position, which implies the consideration of the categories of “collecting evidence” and “forming evidence” as two autonomous ways of carrying out the first stage of proof.
Instead, the author proposes to attach a somewhat conditional meaning to the category of “collection of evidence”, understanding by it any forms of behavior of participants in criminal proceedings aimed at obtaining and subsequent proceduralization of useful information.
SUMMARY
In this article, the author continues the series of scientific publications devoted to the study of the problems of collecting evidence as a cumulative stage of the work of the preliminary investigation bodies and the court with evidentiary materials in a criminal case. Moreover, these issues are considered in the context of a comparative analysis of the criminal procedure legislation of two sovereign states that emerged in the post Soviet space – Russia and Uzbekistan. In the first half of the article, the author introduces potential readers to his previous scientific positions on the essence of collecting evidence in criminal proceedings. And in the second part of the article, we consider the reasons that prompted a partial revision and rethinking of their previous positions. Based on these arguments, the author suggests that in the future the category "evidence collection" should be given a somewhat conditional meaning and that it should be understood as any form of behavior of participants in criminal proceedings aimed at obtaining and subsequent processing of useful information. The author believes that collection of evidence may be carried out through the implementation of two autonomous procedural mechanisms: a) formation of evidence, involving the creation (as the birth) of new educational resources through the procedural forms, i.e. through production in accordance with the CPC proceedings, consists in the perception of (study) the inquirer, investigator, court, as well as expert useful information and its transformation, transformation to the appropriate readings, expert opinions and results (protocols) of non-verbal investigative and judicial actions (and for the Uzbek criminal process-also audio, video and film recording materials that are Autonomous means of proof); b) attaching evidence to the materials of a criminal case that involves obtaining by presenting, requesting or withdrawing various items and documents, as well as their subsequent recognition as material evidence, other documents, expert opinions, results of operational search activities and administrative activities on the basis of a special state authority act of the body of inquiry, preliminary investigation or court, which gives them legal force and determines whether they can be used to justify law enforcement decisions.
In this paper were analyzed issues of the humanization of criminal justice as an important criterion to assess the strengthening of guarantees of rights and freedoms. It analyzes the concept such as criminal justice, criminal procedure relationships and humanization of the criminal proceedings. In addition, the article highlights the important aspects of the humanization of the criminal proceedings.
The article specifies the material and procedural criteria, which differentiate the forms of the criminal proceedings. Revealed and substantiated the need for simplified proceedings in criminal cases. The author proposes to introduce a new model of simplified procedure, which would meet the needs of law enforcement practice and would fully ensure the protection of the rights and legitimate interests of persons involved in criminal proceedings.
In article are analyzed on the basis of the criminal procedure legislation and polemic of procedural scientists functions of pre-trial proceedings. Some offers are created to the theory and practice of criminal trial. In particular, it is offered to unite “charge function” and “investigation function” one concept and to call “function of criminal prosecution”. Also it is offered to make changes in
the Criminal Procedure Code about that the decision on recognition of the person by the guilty person with release from criminal liability was made only by court.
In the article the author considers in detail the content and significance of the general and special international legal acts of the United Nations regulating state protection of participants in criminal proceedings. In conclusion, ideas were expressed on the implementation of the norms of international legal acts to ensure the safety
of victims, witnesses, and all other persons involved in criminal proceedings.
The article analyzes the current state of the issue of introducing artificial intelligence into criminal proceedings, its legal codification in the European Ethics Charter (CEPEJ) and the Ethics Guidelines for Trustworthy Artificial Intelligence. The author examines the issues of using algorithms in criminal proceedings in some foreign countries. The work substantiates the thesis that the inevitable digitalization of the criminal process should help assist the judge in organizational and legal activities, ensure openness, transparency of justice, guarantee the rights and interests of citizens, rights to defense, simplify paperwork and speed up trials. It is impossible to replace a judge with artificial intelligence, since sentencing is related to the moral values, professional and everyday experience of the judge, which cannot be provided by an automated system.
In this article based on law-historical analysis of typological forms of appointing criminal case for trial; research and classification typological form of appointing criminal case for trial; main models of historical forms of judicial activities in criminal proceedings.
The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.
The purpose of the study is to analyze the grounds for terminating a criminal case due to the non-appearance of a private prosecutor without good reason at a court session in criminal cases of private prosecution (both provided for by the Code of Criminal Procedure of the Russian Federation and arising from the Resolution of the Constitutional Court of the Russian Federation dated April 13, 2021). The mechanism proposed by the Constitutional Court of the Russian Federation for exercising the right of the defendant to effective judicial protection did not remove the problem of applying Part 3 of Art. 249 of the Code of Criminal Procedure of the Russian Federation, and the legislator, who did not accept the position of the Constitutional Court of the Russian Federation, returned to the basis for terminating the criminal. cases of private prosecution when the private prosecutor fails to appear without good reason at the court session, provided for by the Code of Criminal Procedure of the RSFSR.
The article comparatively analyzes the norms of the criminal procedural legislation of some Euro pean countries and the United States related to the proce dure and features of the production of private prosecution cases, and outlines recommendations for improving the institution of private prosecution in the domestic criminal process.
The article specifies the material and procedural criteria which differentiate the forms of criminal proceedings. It also revealed and substantiated the need for simplified proceedings in criminal cases. The author proposes to introduce a new model of simplified procedure, which would meet the needs of law enforcement practice and would fully ensure the protection of the rights and legitimate interests of persons involved in criminal proceedings.
In this article there discussed procedural and tactical foundations of interrogation of criminal proceedings participants by judge according to the Laws of the Republic of Uzbekistan. In particular, there determined purpose and grounds for attracting a person to participate in criminal proceedings, specifics of using tactical techniques during interrogation, influence of professional and psychological qualities of a judge on formulation and statement of question, and requirements for processing the results of interrogation. The author’s methodology for preparation and conduct of interrogation, as well as correct legal assessment of established circumstances are disclosed
The methods of dealing with cybercrime and factors for achieving a positive result are considered in the article, in order to analyse the current state of cybercrime. The author, pointing out the problems, faced by investigators in the investigation of cybercrimes, comes to the conclusion that it is necessary to improve this law enforcement activity. Particular attention is paid to a comprehensive study of problems relating to criminal-legal qualification, criminal-procedure procedures for conducting investigations, forensic techniques and tactics, intelligence-gathering and international cooperation. All this is aimed at optimizing the mechanism for conducting investigative, procedural and investigative actions to detect, record and verify digital evidence electronically. This work highlights and describes the salient features of the study of scientific, theoretical and practical problems relating to the law enforcement activities of officials of State investigative bodies, criminal investigation agencies, experts and specialists, those responsible for detecting and investigating cybercrime. The article clarifies the characteristics of the target of the attack, as expressed in the information stored on the technical media of information systems and transmitted through the communication channels of the global Internet. The author generalizes the material on the subject under study and introduces the term «investigation technology», which most fully reflects the complex mechanism, the intersectoral approach (criminal law, criminal procedure, forensics, investigative activities, forensic expertise, international criminal law, legal psychology, etc.) in the procedure of pre-trial criminal proceedings in criminal cases involving offences committed in cyberspace. The views of domestic and foreign scientists on the criminal, criminological, forensic, intelligence and international legal characteristics of cybercrime are presented. Considerable attention is paid to the subjective and objective factors contributing to the commission of the criminal acts in question, and examples are given of the most common types. The conclusion contains a list of the causes that contribute to the commission of these crimes and author’s proposals to improve the algorithm of law enforcement in the detection and investigation of cybercrime
This article examines problematic situations in the Criminal Code concerning the temporal (retroactive) operation of blank norms, that is, criminal law norms referring to other normative legal acts. The author notes that a change in the normative legal act determining the size of the basic calculation quantity does not entail retroactive operation of the criminal law. Moreover, it is noted that it is advisable to reflect in the Criminal Code the norm on the application of provisions on the retroactive operation of the criminal law, even in cases where a change or repeal of another normative legal act without changing the criminal law affects the content of the elements of the crime.
The article analyzes and dicusses the experience of foreign countries, which established liability for the crime of organizing a criminal association as a crime with a nature of terrorism from a scientific and theoretical point of view.
The legislative frameworks of foreign countries regarding the organization of criminal associations as well as the opinions of leading experts in the field of criminal law were investigated. In the article, recommendations and proposals for improving the standards of criminal law that define liability for the crime of organizing criminal association have been developed based on the examination of foreign experience.
One of described by the Criminal Code of the Republic of Uzbekistan psychological states of individual that affect the qualification of the offense is a crime in the state of heat of passion. Strong emotion, as one of the most important psychological states of persons is enshrined in criminal law (the Article 55 of the Criminal Code) as a circumstance mitigating punishment. In addition, it is a constructive sign of crimes stipulated by the Articles 98 and 106 of the Criminal Code.
This article analyzes the main principles in understanding issues of classification of affective crimes in accordance with articles 98 and 106 of Criminal code of the Republic of Uzbekistan. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.
The article analyzes in detail a retrospective analysis of the institution of exemption from criminal liability in connection with reconciliation in the history of criminal law of the Republic of Uzbekistan, an in-depth analysis of the views of scientists, historical and legal literature. In addition, an in-depth analysis of the provisions of the Criminal Procedure Code of 1864 and the Criminal Code of 1926 and 1959 on the establishment of exemption from criminal liability in connection with the harmonization of the Criminal Code of the Republic of Uzbekistan was carried out. Based on the results of the analysis and research, the author's theoretical conclusions about deviations in the emergence and development of the institution of exemption from criminal liability in connection with reconciliation are drawn.
The article specifies the material and procedural touchstones, which differentiate the forms of the criminal proceedings. Revealed and substantiated the need for simplified proceedings in criminal cases. The author proposes to introduce a new model of simplified procedure, which would meet the needs of law enforcement practice and would fully ensure the protection of the rights and legitimate interests of persons involved in criminal proceedings.
This article grounds proposals on reflecting in legislation the rule on the norm of inviolability of private property that determines the procedure for maintaining the average salary in the workplace for entire period related to the recruitment of participants, as well as fully covering the costs of the legal representative involved in the criminal proceedings and the representative acting on behalf of the victim, and non-governmental forensic organizations in connection with the permission to conduct criminal proceedings.