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Philosophical Contexts of Russian Criminal Proceedings Digitalization

Journal: RUDN Journal of Philosophy (Vol.29, No. 4)

Publication Date:

Authors : ; ;

Page : 1289-1302

Keywords : IT; criminal procedure; ontology; epistemology; proof; cyberethics;

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Abstract

The philosophical contexts of digitalization of Russian criminal proceedings are highlighted and it is shown how each of these contexts is manifested in criminal procedural activity and its changes. Within the ontological context, four most important effects of digitalization are identified and the main directions of their influence on criminal proceedings are revealed. It is shown that the convergence of space-time creates new opportunities for establishing the subject of proof, a wider application of house arrest. Impressive prospects for the use of space-time compression in terms of the introduction of digital office work and electronic criminal cases are noted. The positive impact on achieving the purpose of criminal proceedings of further expansion of a person due to the further development of remote participation of certain persons in criminal procedural activity is indicated. Traceability creates new opportunities for collecting evidence. All this allows us to talk about the digital world as a super-connected world in which the human body is still subject to physical laws, and the human consciousness takes into account both social and legal laws. The epistemological context of digitalization of Russian criminal proceedings indicates possible directions for transformation of the cognitive process. It is substantiated that the integration of digital technologies into criminal procedural proof should be carried out with the simultaneous establishment of limits, conditions and procedures for their use in order to ensure national interests, including in terms of cybersecurity, the quality of evidence and results of the proof process, the rights of participants in criminal proceedings. Within the framework of cyberethics, it is proposed to develop a code of ethics for criminal procedural activity in the context of the development of digital technologies, defining the ethical rules of conduct for various participants, taking into account the functions they perform in relation to different technologies, including work with artificial intelligence, protection of personal data, rules of conduct in the information and telecommunications network “Internet”, etc.

Last modified: 2025-12-24 00:32:53