Prospects for conducting Russian criminal proceedings in electronic format

The article deals with the prospects of conducting Russian criminal proceedings in electronic format. Based on the analysis of the literature and legal acts, the authors conclude that the Russian Federation does not have a state program for implementing the "Electronic Case" information system, covering all its stages from registering a crime to sentencing. However, there are some prerequisites for the introduction of an electronic format into criminal proceedings. One of the main elements of the electronic format of criminal proceedings is an electronic document, the use of which needs to be improved. The analysis of the criminal procedure law has led to the conclusion that the bodies and officials conducting the preliminary investigation are not sufficiently involved in the mechanism involving the use of information technology. Giving these officials the right to use an electronic format of a document when, for example, they come to the court with a decision to initiate a petition for selecting a preventive measure would correspond to the tendencies of introducing electronic document management into the criminal process. The authors point out the fact that the criminal procedure legislation does not inform about the possible filing of a crime report in the form of an electronic document. The requirement for the person filing an appeal to the court to sign or certify it with a reinforced qualified electronic signature is excessive and imposing unjustified additional efforts and expenses, which make this right illusory. The comparative legal method made it possible to formulate proposals, based on foreign practices, on the possibility of applying any other reliable procedures that would ensure the authenticity and integrity of the transmitted electronic document. In general, it is noted that the legal regulation of the use of information and digital technologies in criminal procedure should be systemic in nature, aimed at ensuring both public and private interests, thus promoting greater access to justice. However, it is important in the implementation of criminal proceedings in electronic form to prevent any violation or infringement of the rights and legitimate interests of the subjects of criminal procedure relations.

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