Legal Problems of Digitalization of Prosecutorial Supervision over the Observance of Human and Civil Rights and Freedoms

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article is devoted to the problem of digitalization of prosecutorial supervision over the observance of human rights and freedoms. The purpose of the study is to identify the legal problems of digital transformation of the implementation by the prosecutor's office of supervision over the observance of human rights and freedoms. The article examines the history of the introduction of digital technologies in the prosecutor's office, reveals the content and functionality of the existing information systems of the prosecutor's office. The evaluation of non-departmental doctoral programs in this area is carried out, as well as international experience is studied. The current and legal regulation in this area is analyzed on the basis of which legal problems are identified and ways of their resolution are proposed. It is concluded that it is necessary to introduce additional digital tools into the work of prosecutors to protect human rights and freedoms, as well as directions for improving the regulatory regulation of this area. The proposed improvement of the digital infrastructure of the prosecutor's office is based on proven solutions in other branches of Russian legislation.

Full Text

Restricted Access

About the authors

Tatiana Leonidovna Migunova

Volga State University of Water Transport

Email: tmigunova@mail.ru
Dr.Sci.(Law), Professor, Head of the Theory and History of State and Law Department, Institute of Management, Economics and Law Nizhny Novgorod, Russia

Alexey Alexandrovich Korolev

Volga State University of Water Transport

Email: al.cor96@yandex.ru
postgraduate student; Assistant Prosecutor of the city of Sarov Nizhny Novgorod, Russia

References

  1. "Constitution of the Russian Federation" (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020) // Access from the SPS "ConsultantPlus".
  2. Federal Law "On the Prosecutor's Office of the Russian Federation" dated 17.01.1992 N 2202-1 // Access from the SPS "ConsultantPlus".
  3. Federal Law "On Electronic signature" dated 06.04.2011 N 63-FZ //
  4. Decree of the President of the Russian Federation dated 09.05.2017 N 203 "On the Strategy for the development of the Information Society in the Russian Federation for 2017-2030" // Access from the SPS "ConsultantPlus".
  5. Order of the Government of the Russian Federation dated 10/22/2021 No. 2998-r "On approval of the strategic direction in the field of digital transformation of public administration" //
  6. Order of the Prosecutor General's Office of the Russian Federation dated 07.12.2007 No. 195 "On the organization of prosecutorial supervision over the execution of laws, observance of human and civil rights and freedoms" // Access from the SPS "ConsultantPlus".
  7. Order of the Prosecutor General's Office of Russia dated 29.12.2011 N 450 (ed. dated 27.05.2021) "On the introduction of Instructions on office work in the bodies and organizations of the Prosecutor's Office of the Russian Federation" // Access from the SPS "ConsultantPlus".
  8. Order of the Prosecutor General's Office of the Russian Federation dated March 17, 2017 No. 172 "On some issues of the organization of prosecutorial supervision in in connection with the adoption of Federal Law No. 27-FZ dated 07.03.2017 "On Amendments to the Federal Law "On the Prosecutor's Office of the Russian Federation" // Access from the SPS "ConsultantPlus".
  9. Order of the Prosecutor General's Office of Russia dated 14.09.2017 N 627 (ed. dated 01.12.2021) "On approval of the Concept of digital transformation of bodies and organizations of the Prosecutor's Office until 2025" // Access from the SPS "ConsultantPlus".
  10. Information letter of the Prosecutor General's Office of the Russian Federation dated 06/18/2021 No. 113-06-2021/Ip15823 "Review of the practice of implementation in the prosecutor's offices of the subjects of the Russian Federation and equivalent specialized prosecutor's offices of digital transformation measures, the use of information systems and automated information systems in 2020" // Access from the SPS "ConsultantPlus".
  11. Sereda E. V., Chesnokov N. A. Digital transformation of the prosecutor's office of the Russian Federation and CIS countries // Bulletin of the Moscow State Linguistic University. Education and pedagogical sciences. 2020. №2 (835). URL: https://cyberleninka.ru/article/n/tsifrovaya-transformatsiya-organov-prokuratury-rossiyskoy-federatsii-i-stran-sng.
  12. Myshko F.G., Kudryashov E.Yu. The use of electronic documents signed with an enhanced qualified electronic signature in the Prosecutor's Office of the Russian Federation // Law and Law. 2019. No. 4, pp. 154-156.
  13. Kapinus O.S. Digitalization of the activities of the Prosecutor's office: present and future / Kapinus O.S. // Bulletin of the Academy of the Prosecutor General's Office of the Russian Federation. - 2018. - № 4(66). - Pp. 5-10.
  14. Tolstolutsky V. Yu., Kazaryan K. S. The use of the computer program "FORVER" in the process of interaction between the investigator and the staff of the body carrying out operational investigative activities // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2010. №2 (13). URL: https://cyberleninka.ru/article/n/ispolzovanie-kompyuternoy-programmy-forver-v-protsesse-vzaimodeystviya-sledovatelya-i-sotrudnikov-organa-osuschestvlyayuschego.
  15. Besschasny S.A., Digital transformation of the prosecutor's office of the Russian Federation// Digitalization of the activities of the prosecutor's office: collection of materials of the seminar (round table) (Moscow, September 30, 2020); under the general editorship of I.V. Goroshko; comp. A.L. Korenyuk; Un-t Prosecutor's Office of the Russian Federation. - M., 2021, - pp. 8-14.
  16. Yatsutsenko V. V. Problems and prospects of introducing digital technologies into the activities of the prosecutor's office // Actual problems of Russian law. 2021. No.11 (132), - p. 187 -193

Supplementary files

Supplementary Files
Action
1. JATS XML

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies