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author's model of legal regulation «the uniform electronic Criminal proceedings »

Object of research is the prospect of creation of model of legal regulation of electronic criminal proceeding. The model is understood as analogue of a certain fragment of a natural or social reality, a product of human culture, kontseptualnoteoreticheskogo formations - the original [633].

Ampere-second. Bezrukov defines legal model as created as a result of abstraction, idealisation (for theoretical and metatheoretical models) or supervision (for material models) the form of reflexion legal (or surrounding) the validity, being in the relation of conformity with the investigated object, serving by means of derivation and expression of internal structure of the difficult legal phenomenon (or presentation in the description of objects of a material world), bearing information on object or a carrying out special descriptive (demonstration) problem [634 [635].

UPK the Russian Federation does not contain definition of concept "criminal case". In the literature it is noticed, that the concept of criminal case is connected with remedial activity of the person who are carrying out manufacture «on the concrete fact of really taking place or prospective crime». Essence of criminal case is remedial

630

Activity of the person who have accepted criminal case to the manufacture.

Under "criminal proceeding" the criminal follows ponimatv protsessualvnuju the form of investigation and consideration has put the authorised body or the person in a statutory order in connection with defined собвітием.

UPK the Russian Federation ввіделяет pre-judicial criminal proceeding (chastv 2 UPK the Russian Federation) [636] and judicial manufacture (chastv 3 UPK the Russian Federation) [637]. In our opinion criminal proceeding is possible in the electronic form. In this connection pre-judicial in pre-judicial and judicial manufacture is represented neobhodimvsh rassmotretv legal regulation «uniform electronic manufacture on business».

Во-перввіх, we offer opredelitvsja with concept of "uniform electronic criminal proceeding». Under «edinvsh electronic criminal proceeding» the form of investigation, consideration and the criminal case permission upolnomochennvsh by body or the person in a statutory order in connection with opredelennvsh собвітием is understood electronic protses a sou alvnaja. However, «uniform criminal criminal proceeding» it sovokupnostv two protses a sou alv HBix forms follows ponimatv, that: criminal proceeding «in materialvnom» a kind and in the electronic. Developed models согласоввівается with at golovno-protses a sou alv nvshi positions (ch. 6 items 163, ch. 2 items 166, ch. 4 items 240, item 474.1 UPK the Russian Federation etc.).

In A.F.Amanullinoj's dissertational research бвіла it is offered «to model of the uniform legal process of consideration of questions in a stage of execution of sentence, инвіх судебнвіх and to process alv HBix decisions» [638], including четвіре группві questions [639].

In our opinion «uniform electronic manufacture on criminal» to business has following structural division.

1. Electronic manufacture of check of the message on a crime is a programmno-technical complex, napravlennvsh on realisation of measures, принимаемвіх the investigator, agency in charge of preliminary investigation, the inspector, the head of the organ of inquiry for check of the message on a crime.

Within the limits of electronic manufacture of check of the message on a crime manufacture of "electronic survey», "copying" is admissible, «electronic supervision» etc. In this connection is offered dopolnitv UPK the Russian Federation statnej 144.1, regulating an order of electronic consideration of the message on a crime.

2. Electronic investigatory action. As electronic investigatory action it is understood provided criminally-protsessualvnish by the law electronic protsessualvnoe action in the information system, directed on detection, perception and fastening electronic dokazatelvstvennoj information.

Within the limits of the present model it is offered reglamentirovatv following злектроннвіе следственнвіе actions: «survey information sredv і», «electronic copying», «electronic обвіск», «electronic ввіемка», «electronic supervision» and to bring in UPK the Russian Federation respective alterations.

3. Electronic operatively-rozv_sknaja dejatelvnostv. Under electronic operatively-rozv_sknoj dejatelvnostvju it is understood - a kind dejatelvnosti, carried out publicly and privately operativnimi divisions уполномоченнвіх the statesman of bodies, by means of carrying out злектроннвіх operatively-rozv_sknv_h actions in the information environment with a view of защитві lives, zdorovvja, the rights and freedom of the person and the citizen, the property, maintenance of safety of a society and the state from the criminal posjagatelistv. Within the limits of the present model it is offered to make changes in UPK the Russian Federations regulating an order of use in proving of results of electronic operatively-search activity, and also to make amendments in FZ «About operatively search activity», regulating the procedure of electronic operatively-search actions (listening of telephone conversations, removal of the information from technical communication channels, reception of the computer information, monitoring of information-telecommunication networks and systems [640], the control of a radio-frequency spectrum [641]).

4. Electronic means. As electronic means it is understood program and (or) means, methods and the receptions of their use providing effective reception of the information by its detection, withdrawal, research and representation.

Speaking about electronic means as a component of "uniform model of electronic criminal proceeding», it is necessary to note the following. With a view of electronic manufacture of investigatory actions and operatively-search actions presence of a stationary complex, and also the mobile system is supposed, allowing to fix all legal proceedings. It is obviously possible thanks to technology of a cloudy data storage, uniform state information system. For today are created and programs in the given direction develop, the automated workplaces (automated workplace) are organised. The structure «automated workplace of the inspector» consists of three functional blocks. It is the block of the legal information containing is standard-legal base; the functional block containing methodical recommendations, the automated systems, consisting of training elements (typical samples of documents, article by article material UPK to investigatory actions); The third block «criminal case Conducting», directed on informatsionnoanaliticheskoe support dejatelvnosti, allows hranitv and vydavatv materials on the criminal cases which are at a stage of manufacture, the suspended materials, and also the ended manufactures [642].

Alvternativnyj the program complex is developed TSGroup, under the statement of developers «automated workplace of the inspector (investigator)» the given program allows sokratitv twice quantity of time necessary for creation of typical documents [643]. Information systems in office-work sphere are presented now by the automated workplaces providing those or other directions of work with documents which can dejstvovatv and in structure lokalvnoj vychislitelvnoj networks [644].

The modern condition at go l ovno - protses a sou alvno go zakonodatelvstva does not allow to the full modernizirovatv the criminal trial. Nevertheless, ch. 2 items 166 UPK fix the Russian Federation vozmozhnostv manufacturing of the report by means of means. For today, in most cases the report it is constituted in the electronic form, then it is made in printing. According to ch. 6 items 164 UPK the Russian Federation by manufacture of investigatory actions probably application of means and ways of detection, fixing and withdrawal of traces of a crime and material evidences. In the report the means used during legal proceedings, conditions and an order of their use, objects to which such means have been applied, and also the received results are specified.

In ch. 2 items 166 UPK the Russian Federation are fixed such kinds of means as: stenografirovanie, filming, photographing, audio-and videorecording. However the list is far not settling, for example, in an arsenal of employees of the Ministry of Internal Affairs of the Russian Federation there are the specialised means, allowing to receive from mobile devices necessary for

Investigations of crimes of data. Thanks to the given complex employees of law enforcement bodies have possibility to establish the points of movement entering and proceeding connection, the electronic correspondence in social networks and messendzherah, a photo and video data. Thus withdrawal even remote data, and also the information from the protected storehouses, such as Dropbox, GoogleDrive, iCloud and bekapov Android [645] is possible.

5. Electronic conduct of investigation. As electronic conduct of investigation it is understood - the form of preliminary investigation,

Carried out by the investigator (inspector) with the help programmnotehnicheskogo a complex directed on gathering, storage of data on the initiated criminal case on which preliminary investigation manufacture is unessential.

A number protsessualistov, considering a problem elektronizatsii the criminal trial, offers wider definition of considered concepts. According to A.F.Abdulvalieva electronic criminal case represents «the electronic carrier intended for storage of the digital information - the criminal case materials, a paper variant of the criminal case completely replacing with self, allowing to use it together with the tablet computer for collecting, checks and evaluations of evidence within the limits of investigation and criminal case consideration». Also the author notes necessity of presence «programs promoting formation of the criminal case, comprising algorithm of consecutive actions (criminal case movement) from the moment of commencing a suit and till the moment of the execution of sentence, including forms and templates of separate remedial documents and allowing to attach to the given documents in the electronic form all data on the received proofs». About necessity of introduction of uniform electronic document circulation for all public authorities specified in the researches R.O.Nikitin [646], I.N.Smirnova [647 [648]., P.S.Pastuhovoj other

Speaking about working out of model of electronic criminal case, it is necessary to study experience of already created systems. One of the main workings out in this direction is realised in structure of Investigatory committee of the Russian Federation (the North Caucasian and Southern federal districts) the information system «Electronic passport of criminal case» [649]. In information system the basic data on criminal cases being in manufacture are fixed: number, excitation date, a plot, data on the proofs suspected, on carrying out of investigatory actions etc. System allows to store and process remedial documents, reports and appendices to them in electronic form. It is noticed, that the primary goal of the developed program is strengthening of the remedial control over investigatory activity and improvement of quality of preliminary investigation. As marks, A.A. Bessons «the information system will allow to solve problems of disclosing and investigation of crimes, together with preventive maintenance as the saved up information file comprises data about kriminalisticheski significant signs of crimes» [650]. The positive estimation by results of system realisation «the electronic passport of criminal case», perfection of a database of criminalistic accounts, including an information database «Legend SK» and databases of results of DNA-analysis at the decision of problems of identification of the person was given by the Chairman of Investigatory committee of the Russian Federation A.I.Bastrykin, having noted improvement of quality of work on disclosing heavy and especially grave crimes as a result of introduction of new forms and methods of the remedial control [651].

Besides, according to item 166 UPK the Russian Federation electronic data carriers can be applied as the appendix to the investigatory action report. With a view of model realisation «uniform electronic criminal proceeding» it is considered necessary creation of "an electronic card of criminal case», containing data on criminal case, and also the electronic information received during investigatory actions. Within the limits of the present model it is offered to bring in UPK the Russian Federation changes in a part of a regulation of an order of inquiry in the electronic form, applications of an electronic card of criminal case.

6. Electronic conduct of investigation in the reduced form. With a view of perfection of procedures of inquiry in the reduced form, it is offered to regulate an order of its manufacture in the electronic form in UPK the Russian Federation.

7. Electronic judicial manufacture in the trial court. Electronic judicial manufacture in the trial court is understood based on application of a complex of the electronic automated information systems as court activity on consideration and the permission of criminal cases.

The offer on working out of electronic judicial manufacture as constituting model of "uniform electronic criminal proceeding» вві looks logical and actual within the limits of realisation of federal programs «Development of the judiciary of Russia for 2013-2020» (it is approved by the governmental order of the Russian Federation from December, 27th, 2012 N 1406), «the Information society 2011-2020» (is approved by the governmental order of the Russian Federation from April, 15th, 2014 N 3 1 3) [652], Strategy of development of an information society in the Russian Federation for 2017 2030 (the Decree of the President of the Russian Federation from May, 9th, 2017 № 203). One of the purpose of the accepted federal projects, is performance of a complex of actions connected with information of the judiciary and introduction in its activity of modern information technologies [653].

In Russia concept occurrence «electronic legal proceedings» is connected with acceptance and stage-by-stage realisation of federal target programs: «Electronic Russia (2002-2010)» [654] (it is approved by the governmental order of the Russian Federation from January, 28th, 2002 № 65); «Development of the judiciary of Russia» for 2002-2006 »[655] (it is approved by the governmental order of the Russian Federation from 20.11.2001 № 805);« Development of the judiciary of Russia »for 2007-2012» [656] (it is approved by the governmental order of the Russian Federation from September, 21st, 2006 № 583). According to the general director of judicial department at the Supreme Court of the Russian Federation of A.V.Gusev the concept of information of vessels approved in April, 2002 and systems of Judicial department has been abided and satisfy, all key problems which have been put in pawn in the concept, are successfully realised. Development and wide application of information technologies in activity of the Russian vessels is the main task. Besides, key problems are modernisation of the hardware-software environment, introduction modern engineering infrastructures Bi on base «облачнвіх technologies», the processing centres даннвіх and shir an eye of strips нвіх communication channels, development of mechanisms of through legally significant electronic document circulation [657].

Within the limits of model of "uniform electronic criminal proceeding» Electronic legal proceedings », regulating an order of electronic legal proceedings are offered dopolnitv UPK the Russian Federation chapter 40.2".

8. Electronic judicial manufacture kontrolvno-nadzorHbIx actions. Under electronic judicial manufacture kontrolvno-nadzorHbIx actions it is understood based on complex application elektronnvk

автоматизированнвіх информационнвіх systems dejatelvnostv vessels on consideration in appeal, cassation and the supervisory authority уголовнвіх affairs.

With a view of realisation considered protsessualvnoj the model is represented neobhodimvsh to make following changes in UPK the Russian Federations regulating an order of consideration of criminal case by court of appeal and cassation instances and consideration of the supervising complaint, representation in the electronic form.

Thus, elektronizatsija the criminal trial

In rezulvtate to model realisation «uniform electronic manufacture on business» will lead to a number существеннвіх polo inhabitants нвіх changes:

1) Realization основнвіх principles открвітости and publicity of legal proceedings and its availability. That estv performance of the major problems designated in federal target programs that will lead to increase of trust of citizens to the given state institutes;

2) Improvement of quality of observance of time limits. According to Judicial department at the Supreme Court of the Russian Federation [658] the tendency to increase in consideration of criminal cases with infringement of terms in total of the arrived affairs is observed: in the Central federal district (2013 - 1,7 %; 2014 - 1,8 %; the first half of the year 2015 - 0,7 %), the North Caucasian federal district (2013 - 1,4 %; 2014 - 1,9 %; 2015 - 1,7 %), the Crimean federal district (2014 - 25,1 %; 2015 - 20,9 %). Improvement of quality of observance of time limits will allow, besides realisation of fundamental laws and freedom of citizens, to cut expenses on indemnifications for infringement of requirements of reasonable term. Only from May 2010 till November, 2010 in the Ministry of Finance of the Russian Federation 17 court orders for a total sum of 1,6 million roubles only for infringement of requirements of reasonable term of legal proceedings [659] have arrived. Statistical data testify that the problem of infringement of time limits is especially actual and throughout last years this indicator stably high [660];

3) Increase of level of the control over a course of movement of business from supervising bodies, and also the applicant, thanks to creation of uniform information system and possibility of remote access to it of all participants of legal proceedings. In intervvju Generalvnogo the public prosecutor of the Russian Federation JU.JA.seagull's to Russian newspaper has declared, that predvaritelvnogo investigations the law is quite often broken by all bodies even before criminal case excitation. Annually прокурорві ввіявляют weight of cases when to people refuse in reception of their statements for crimes at presence бесспорнвіх occasions and the bases to criminal case excitation. Отмененнвіе public prosecutors of the decision about refusal in criminal case excitation are estimated in millions [661];

4) minimizirovanie paper document circulation. That will allow sokratitv writing zatratn і, поввіситв to safety of storage of materials, iskljuchitv to possibility утратні documents. Information of the Russian vessels includes and работві on povvineniju efficiency of interaction of vessels with citizens and to the organisations. Thanking dalvnejshemu to development of "electronic justice» in the long term participants of litigation will be imetv possibilities of giving of documents in court in electronic form 24 hours a day, not wasting time on expectation in turns, and also poluchatv злектроннвіе copies of materials of business and others dokumeshy [662]. In the report of the Representative under human rights in the Russian Federation for 2015 E.A. Pamfilovoj it is noticed, that statutory [663] access to the information about dejatelvnosti vessels by means of State automated системні the Russian Federation (GAS "Justice") represents iagljadivtj a way of realisation of a principle открвітости the legal proceedings fixed in the Constitution of the Russian Federation, and promotes improvement of effective public control over justice. However in the report also it is noticed, that in rezulvtate realisations программві GAS

Justice, cases of placing of subjects of the publication which have been not personified or деперсонифицированнвіх in the inadequate image of texts судебнвіх of certificates take place. As before, the question on terms of placing of texts судебнвіх certificates [664] is essential. Providing of access to the information about dejatelvnosti vessels means presence of the developed electronic document circulation for what it is necessary reshitv многочисленнвіе проблемні the technological character, demanding значителвнвіх финансоввіх means. At the same time, there is a problem which decision demands menvshih expenses. It is a search and tracing question in system GAS "Justice" of affairs, разрешеннвіх and being on consideration in the vessels of the general jurisdiction arriving on them protses a sou alv HBix of documents, судебнвіх certificates. Even for опвітнвіх polvzovatelej, not speaking about обвічнвіх рядоввіх citizens, search process нужнвіх data ввізвівает чрезввічайнвіе difficulties. minimizirovaniju paper document circulation development of means of fixing of a course of session of the court - other aspect connected with the information about dejatelvnosti of vessels promotes also. Conducting reports of session of the court in an old format does not answer sovremennvsh to requirements and principles of a transparency of justice. Now Sudebnvsh department at the Supreme Court of the Russian Federation are actively led работві on equipment of vessels by video recording systems (these systems оснащенні already all областнвіе and равнвіе by it courts). Pravitelvstvom the Russian Federation одобренві проектві федералвнвіх laws «About modification in отделвнвіе законодателинвіе актві the Russian Federation"and"About modification of Criminally - code of practice of the Russian Federation» regulating a translation order судебнвіх sessions with ispolvzovaniem networks "Internet" [665]. According to Chairman Pravitelvstva D.A.Medvedev «a main objective of changes

- To make work of vessels more open. Are established uniform for all

Judicial certificates of a rule of placing in a network, use order is specified

Personal data. Norms which carrying out concern are added

Translations of open sessions of the court but radio, to TV or

In a global network »[666 [667]. The made changes, in our opinion, will provide

Observance of principles of an openness and publicity of justice.

At model realisation «uniform electronic manufacture on business»

It is necessary to lean against experience developed and functioning on the given

The moment of systems of electronic justice, and also system federal

Services of bailiffs. Head UFSSP the Russian Federation on PT Iljasov the M. River

Has noticed, that after introduction of electronic document circulation in work system

Federal service of bailiffs an overall performance in 2014

Employees of the given department in Republic Tatarstan it has been raised 662

Twice.

The developed model «uniform electronic manufacture on business» will allow to provide access to materials of criminal case by means of an information-telecommunication network "Internet". So, developed by Federal lawyer chamber of of Moscow together with the Moscow city court the electronic system, provides the right of lawyers by means of personal offices on the Uniform portal of vessels of the general jurisdiction far off to get acquainted with materials has put in electronic form, to direct documents, to realise other powers [668].

By analogy to arbitral procedure at the initial stage realisation of the electronic criminal trial on the affairs conditionally concerning a category «the simplified criminal trial» is obviously possible. To this kind has put a number protsessualistov carries manufactures on affairs of request of the aggrieved party, manufacture on acceptance of a judgement without carrying out judicial razbiratelvstva, a correspondence legal investigation. In a case положителвнвіх rezulvtatov category expansion is possible has put. However, lishv 31 % опрошеннвіх judges consider возможивім introduction of the electronic criminal trial. At the same time, follows otmetitv, that tolvko lishv 22 % of respondents consider, legal regulations elektronnvk dokazatelvstv in the criminal trial effektivnvsh [669 [670]. Thus, realisation of model of the electronic criminal trial is impossible without reforming criminally-protsessualvnogo zakonodatelvstva in sphere ispolvzovanija информационнвіх technologies and equipment of halls судебнвіх sessions neobhodimvshi means and специализированнвім программнвім maintenance.

The analysis criminally-protsessualvnogo zakonodatelvstva allows ввіделитв 3 categories of problems: organizational-technical, sotsialvnaja and legal.

To organizational-technical concern such проблемні as:

1) check by vessels of authenticity and autentifikatsii dokazatelvstv;

2) safety maintenance даннвіх;

Check by vessels autentifikatsii at giving of documents in the electronic form on today's denv, in arbitration court practice, is carried out by instructions FIO, requisites of the power of attorney and INN number, and also acknowledgement of the person by means of the electronic digital signature, and системні "State services".

The problem of maintenance of safety даннвіх, in our opinion, can бвітв is resolved by complex защитві servers, working out especially защищеннвіх communication channels. In the inter vvju Generalvnvsh the director of Judicial department at the Supreme Court of the Russian Federation of A.V.Gusev has noticed, that with a view of maintenance of information safety даннвіх in GAS "Justice" is provided functioning of two основнвіх contours - public and departmental. In a public information contour обрабатвіваются tolvko общедоступнвіе даннвіе. Access to them открвіт through Internet portal GAS "Justice" to an unlimited circle of persons. In the ocheredv the office information is processed in a departmental contour, to which officials according to the powers have access. Technical realisation of decisions on maintenance of safety of the information is based on сертифицированнвіх programmnotehnicheskih means. The participants of information interaction who are carrying out reception and a document transfer in the electronic form on ввіделеннвім to communication channels, ispolvzujut the means providing protection of the information from not authorised access. Also access of public prosecutors, lawyers and инвіх participants of legal proceedings to electronic copies судебнвіх documents is regulated. These мерві provide all достоверHOCTB and sohrannostv даннвіх in system GAS "Justice". And as a whole, realisation of problems on dalvnejshemu and to modernisation информационнвіх technologies on the basis of GAS "Justice" will allow development ввійти on qualitative more ввісокий urovenv in business of information of vessels and formations of a uniform information field judicial системві.

Important osnastitv sous дві and the right ohr анителвнвіе органві systems of automation of processes of legal proceedings and office-work, которвіе will allow optimizirovatv процесові public and internal office-work, and also will be sposobstvovatv to gathering and statistics processings. Suppressing bolvshinstvo опрошеннвіх us workers of the judicial case верховнвіх vessels of subjects of the Russian Federation (91 %) notice, that залві судебнвіх it is not enough sessions оснащенві for representation of proofs in electronic form during the criminal trial [671 [672].

The category of social problems includes: 1) Computer illiteracy; 2) Information lack of information; 3) the Information inequality.

Russia as of 2016 would take a place in the world by quantity the Internet of users - 102,3 million persons that constitutes 71,3 % from the population of the country [673]. For comparison in the USA, Japan and Canada the Internet of users constitutes percent over 88 %. The head of Committee of the Federation Council of social policy, the chairman of the Union of pensioners of Russia Valery Rjazansky has noticed, that «the Problem of liquidation of computer illiteracy is really actual today. It has today the same value, as a usual educational program in the beginning of 20 centuries» [674]. In a computer educational program public and state institutes [675] actively are engaged.

In our opinion a problem of a digital inequality when not all groups of the population have the personal computer, access to a network the Internet, can be solved within the limits of government program realisation «the Information society 2011-2020» (it is approved by the governmental order of the Russian Federation from April, 15th, 2014 N 313) [676]. Difficulty also is absence of access to a course of investigation at persons being in holding in custody places. Such rights can be realised by delegation of powers to the representative, however more perspective decision the equipment of penitantiary establishments information systems, with access possibility to a network the Internet is represented. That also will allow to spend investigatory actions by online of a video conferencing in case of impossibility of THEIR carrying out HHBIM in the way.

Besides, with tselvju to model realisation «uniform electronic criminal proceeding» follows izuchitv опвіт other states. For example, in Belvgii by Ministerial council on March, 18th, 2005 бвіл the project of electronic justice under the name «Phenix» [677], направленнвій on modernisation and standardization and povvinenie efficiency Belvgijsky judicial системні is created. Within the limits of this project the system of electronic document circulation between courts of justice and other participants of legal proceedings is created. According to the given project, created at each stage of litigation «the electronic file», should dopolnjatvsja court, police, the lawyer, the parties etc. Besides povvnnenija to efficiency of functioning judicial sistemn і, the project allowed participants of process in a convenient and clear kind provoditi all необходимвіе процедурні. For the question decision autentifikatsii participants of legal proceedings predusmatrivalosv ispolvzovanie the witnessing digital signature, however in practice ispolvzovalsja the electronic passport (it). The special attention in the project is given to maintenance защитві and konfidentsialvnosti to the information. According to position about creation information системні Phenix, processing and the information analysis is made on the legalist the bases and for definitions of the purposes. The given principle is realised in Position item 7, on смвіслу the given norm, the bank судебнвіх decisions is intended for internal ispolvzovanija and external [678]. In case of the publication, the information should бвітв is depersonalized. If the information is necessary for internal use, all data remain [679].

Thus, as a result of the carried out research it is possible to make the following deduce also offers:

1. «Uniform electronic criminal proceeding» is an electronic remedial form of investigation, consideration and the permission of criminal case by the authorised body shi the person in a statutory order in connection with certain event.

2. «Uniform electronic criminal proceeding» assumes creation of legal model of legal regulation of electronic criminal case which is carried out simultaneously with «a material mode of production».

3. The model «uniform electronic manufacture on business» includes eight blocks: 1) «Electronic manufacture of check of the message on a crime» is the programmno-technical complex directed on realisation of measures, accepted by the investigator, agency in charge of preliminary investigation, the inspector, the head of the organ of inquiry for check of the message on a crime;

2) «Electronic investigatory action» — the electronic legal proceeding provided criminally - by the law of procedures in the information system, directed on detection, perception and fastening of the electronic evidentiary information; 3) «Electronic operatively-search activity» — the kind of the activity which is carried out publicly and privately operative divisions of authorised state bodies, by means of carrying out electronic operativnorozysknyh actions in the information environment with a view of protection of a life, health, the rights and freedom of the person and the citizen, the property, maintenance

Safety of a society and the state from criminal trespasses;

4) «Electronic means» — program and (shi) means, methods and the receptions of their use providing effective reception of the information by its detection, withdrawal, research and representation; 5) «Electronic conduct of investigation» — the form of the preliminary investigation which are carried out by the investigator (inspector) with the help programmno-technical complex, directed on gathering, storage of data on the initiated criminal case on which preliminary investigation manufacture is unessential;

6) «Electronic conduct of investigation in the reduced form»;

7) «Electronic judicial manufacture in the trial court ^osnovannaja on application of a complex of the electronic automated information systems court activity on consideration and the permission of criminal cases;

8) «Electronic judicial manufacture of kontrolno-supervising actions» —

Based on application of a complex of the electronic automated information systems court activity on consideration

In appeal, cassation and the supervisory authority of criminal cases.

3. Model realisation «uniform electronic criminal proceeding» will allow, to realise an openness and publicity principle

Legal proceedings to raise trust of citizens to justice

And to preliminary investigation to raise efficiency of legal proceedings and preliminary investigation.

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A source: SERGEEV MAXIM SERGEEVICH. LEGAL REGULATION of APPLICATION of the ELECTRONIC INFORMATION And ELECTRONIC DATA CARRIERS In the CRIMINAL TRIAL: domestic and foreign experience. The dissertation on competition of a scientific degree of the master of laws. 2018 Kazan. 2018

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  11. Kulik Tatyana Jurevna Osobennosti. of legal regulation of the contracts concluded in the electronic form [the Electronic resource]: dis.... kand. jurid. Sciences: - Moscow., 2007
  12. value of the electronic information and electronic data carriers in system of proofs on criminal case
  13. application of the electronic information and electronic data carriers in a stage of excitation of criminal case
  14. features of legal regulation of protection of the broken rightto legal proceedings in reasonable term in the Russian Federation