The Legal and Informational-Technological Regime of Access to the Secret Protected by the Law at an Initial Stage of Investigation

Zaytsev, Oleg; Пастухов, П. С.; Solovyeva, Natalia A.

doi:10.1007/978-3-030-13397-9_7

Cited by 2 publications

(1 citation statement)

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“…Various procedural aspects of optimization of preliminary proceedings are analyzed: which state body (court, prosecutor, police) should carry out pre-trial investigation and what should be the balance of powers of these bodies [2][3][4][5][6], stages of investigation are studied [7], it is proposed establishment of simple and effective procedures at the initial stage of criminal procedural activity (including refusal to initiate a criminal case, which is traditional for the states of the post-Soviet space, as an independent stage, often turning into quasi-investigation) [8], [9].…”

Section: Literature Reviewmentioning

confidence: 99%

Models of the Early Stages of Criminal Justice and Ensuring Access to Justice in a Digital Environment

Масленникова¹,

Vilkova²,

Sobenin³

2021

Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Prob

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The article is devoted to the comparative analysis of the models of the initial stage of criminal proceedings operating in different states, identifying their most important characteristics, advantages and disadvantages, determining the procedural and organizational directions for the further development of preliminary (pre-trial) proceedings. It is shown that the division of pre-trial proceedings into two independent states (initiation of a criminal case and preliminary investigation), which persists in Russia and a number of other states of the Slavic legal family, determines the restriction of access to justice. The proposal to combine the two stages into one is substantiated, and the beginning of the preliminary (pre-trial) proceedings is to consider the receipt of a statement or other message about a crime. Modern trends in the development of digital relations confirm the need for digital transformation of the initial stage of criminal proceedings, including the transition to a predominantly electronic reception of statements of crime.

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