Technologies in jurisprudence. Abstract: Computer technologies in legal activities. combining the computing and information resources of the prosecutor's office into a single information and computing network with adaptation to the existing information system in the country

Introduction

Information in our time has become a strategic product, and the use of means of processing it, the most important of which is computer technology, has become a vital need in solving management problems. A society that fails to solve the problems of intensifying information support for management risks falling hopelessly behind developed countries.

In the field of law, interest in computer science is driven by the need to effectively use modern personal computers to prepare legal documents and work with legal reference systems that provide lawyers with virtually unlimited possibilities for quickly searching and reproducing arrays of information necessary to solve certain problems. Along with this, there are a number of specialized areas of using personal computers in forensics, criminology and a number of other areas of legal activity.

Software for a lawyer's automated workstation includes various classes of software: databases, expert systems, automated management information systems, reference and search systems, office packages, multimedia systems, computer graphics and visualization editors, tools for working with hypertext documents and others .

Software for automating legal activities can be divided into general-purpose programs designed to perform office daily tasks: preparing texts and presentations, performing calculations, text translations, sending messages and receiving mailings, etc.; and for highly specialized programs: reference and legal systems, programs designed for statistical data processing, programs for investigative and expert activities, forensic databases, AIS electronic document management, etc.

Some of the general-purpose software tools that lawyers can successfully use in their professional activities are multimedia and hypermedia tools and systems.

Multimedia is modern digital technologies that make it possible to combine the achievements of audiovisual technology (texts, sounds, video images, graphics, etc.) and provide interactive interaction between the user and the computer.

The use of modern multimedia technologies not only helps to increase the visibility of information, but also allows you to store and process sound, images, photographs, video information necessary for legal paperwork, transmit them over remote distances, and provide access to multimedia databases for professional work.

Information technologies in legal activities

Legal professional activity in modern living conditions is closely related to the search, processing and use of legal information. Legal information on printed media, legal literature of scientific and practical significance, continue to be used by lawyers as source information material for making legal decisions. However, life requires them to have knowledge in the field of information tools and technologies for searching and using legal texts in electronic form, as well as practical skills (competencies) in their application. Personal computers and rational methods of changing the state of information (information technology) allow a lawyer to quickly find and process legal texts, transmit them over the Internet, receive an answer to his queries, select data from a certain set of information, etc. In addition, they make it possible to solve emerging legal problems quickly and correctly, and therefore most effectively.

Information and communication technologies (IT) are one of the most important factors influencing the formation of twenty-first century society. Their revolutionary impact concerns the way people live, their education and work, and the interaction between government and civil society. Information technologies enable all individuals, firms and communities engaged in business activities to more effectively and creatively solve economic and social problems. Information technologies in legal activities: a textbook for bachelors / Ed. ed. prof. P. U. Kuznetsova. - 2nd ed., revised. and additional - M.: Yurayt, 2012.

The Federal Law “On Information, Information Technologies and Information Protection” introduces the following concept of information technology:

“information technologies - processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods” Art. 2 of the Federal Law of July 27, 2006 N 149-FZ (as amended on July 21, 2014) “On information, information technologies and information protection.”

Currently, the following information technologies are used in professional legal activities:

1) Technology of databases (DB) and database management systems;

2) Electronic document management systems;

3) Technologies of data storage and data mining;

4) Technology of knowledge bases and expert systems;

5) Technologies of telecommunication access to information remote from the user, information carrier, information resource, person;

6) Technology of automated information systems and automated workstations;

7) Computerized office technologies;

8) Computer graphics and visualization technologies;

9) Virtual reality technologies;

10) Multimedia and hypermedia tools and systems;

11) Hypertext technologies Kaziev V.M. Fundamentals of legal informatics and informatization of legal systems: Textbook / V.M. Kaziev, K.V. Kaziev, B.V. Kazieva. - M.: University textbook: INFRA-M, 2011. - 288 pp..

Multimedia tools can be included both in packages of office programs and applications, and act as independent software and hardware tools.

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Moscow Humanitarian-Economic Institute

Tver branch

Report on the training practice of a lawyer's automated workplace

in the discipline "Information technologies in jurisprudence"

Option No. 10

Introduction

information computer jurisprudence reference legal

The activities of a modern lawyer are based on regulatory documents. It is very important for a legal specialist to monitor changes in federal and regional legislation in order to prevent possible errors. The volume of legal information is steadily growing, and the total number of federal, regional and departmental documents issued in Russia today is enormous. If you store all these documents in paper form, you will need a whole library.

The way out of this serious situation is the use of effective information technologies. After all, a computer is an ideal tool for collecting, processing, storing, updating and distributing information to consumers, including laws and other regulations.

Modern information and reference legal systems provide quick access to regulatory and reference information and provide the ability to quickly work with it. That is why they are one of the main parts of computer information support for the activities of legal departments of organizations.

The reason for the popularity of legal reference systems among specialists is explained by the fact that such systems are an accessible and effective tool for daily work with legal information. They not only provide free access to legal information, but also allow specialists to save time.

Computer technologies have a number of unique advantages and capabilities. First of all, this is compact storage of large volumes of information, quick search for the necessary documents, standard forms, forms or even fragments in huge amounts of data, and high-speed transmission of information by means of communication over any distance.

Section 1. Comparative analysis of basic information- legal reference systems

Electronic database of regulatory legal acts of the NCPI (http://zakon.scli.ru/ru/legal_texts/index.php).

NCPI is a scientific center for legal information under the Ministry of Justice of the Russian Federation (NCPI) - a federal government agency under the Ministry of Justice of Russia.

The database contains:

Federal legislation

Regulatory legal acts of federal executive authorities

Regulatory legal acts of the constituent entities of the Russian Federation

International documents

Charters of municipalities

Regulatory legal acts of municipalities

Register of municipalities

Register of agreements of the subjects of the Federation.

Searching for documents is difficult if there is no information about the document number and the date of its adoption. Not suitable as a working system for a lawyer.

"Pravo.Ru" (Pravo.ru, Pravo.r u ) -- an online legal reference system developed by Pravo.ru CJSC. Contains over 20 million documents, including all legislation, judicial practice and other regulatory documents. Access to documents is free, but some features require registration.

All information in SPS “Pravo.ru” is divided into thematic blocks:

federal legislation

regional legislation

judicial practice (arbitration and general jurisdiction)

other legal acts

comments and consultations

international law

technical standards and regulations

bills

mobile versions of SPS

Each block has a certain degree of gradation into categories or banks that accumulate relevant documents. This structure of legal reference systems is standardized and simplifies searching.

It is difficult to find data on the judicial practice of courts of general jurisdiction.

Otherwise, a very convenient online system for the practical work of a lawyer. The document navigation system is well thought out. After registration, selected documents can be added to favorites, and then bookmarks can be set within the document. Favorites and bookmarks are saved when you log in again.

In addition to documents, the site contains a large number of materials on legal topics. In the “legal consultation” section you can ask lawyers a question on a topic of interest.

RosPravosudie (rospravosudie.com) is a non-profit free legal reference system on judicial decisions of courts of general jurisdiction, magistrates and arbitration courts of the Russian Federation. Contains 35 million judicial acts.

The most convenient resource for finding court decisions. It is possible to filter the search directly by region, court, judge, which greatly simplifies the procedure.

ConsultantPlus ( consultant . ru ) -- computer reference and legal system for the legislation of Russia and Belarus. It is developed by Consultant Plus CJSC and contains more than 20 million documents.

The system is commercial. Distributed through a network of regional information centers on disks. The document database is updated at the frequency specified in the contract by company employees; it is also possible to update it independently via the Internet. The system is supplied both as a single-user version and as a multi-user network version, in which each user can determine which banks he has access to, which allows optimizing system maintenance costs. It is possible to purchase access to the full online version. All key documents are also available in the public domain on the website.

The information included in the system is structured into sections; Currently, SPS ConsultantPlus has the following sections:

legislation;

judicial practice;

financial and personnel consultations;

consultations for budgetary organizations;

comments on legislation;

document forms;

bills;

international legal acts;

legal acts on healthcare;

technical norms and rules.

The title of the section reflects the nature of the information it contains. Each section, in turn, consists of information subsets, the so-called. banks. This data structuring simplifies the search for information in the system by excluding from the search sections and information banks containing information that obviously does not satisfy the search conditions.

Dividing the information array into information banks has another goal - to implement the modular principle of constructing technical systems. This allows the end user of the system to include in his set those information banks that he needs.

Section 2. Purpose and main capabilities of the Guarantor.

Garant is a reference and legal system under the legislation of the Russian Federation, developed by the Garant-Service-University company, the first mass commercial reference and legal system in Russia (produced since 1990).

The program and updates to the legislative framework are distributed through the development company and through a dealer network of 250 distribution companies in Russia and the CIS.

The system is produced in the form of information blocks - databases formed on a thematic basis. A set is formed from information blocks, which is the final product offered to the customer. The weekly replenishment of the maximum set is about 12 thousand documents. The system includes all existing types of legal information: acts of authorities, judicial practice, international treaties, draft laws, forms (accounting, tax, statistical reporting, as well as forms, standard contracts), comments, dictionaries and reference books.

In addition to the information content of the kit, the customer can also choose the type of access (from local to multi-user network version), update method (from portable storage media or via the Internet), update frequency (from once a month to daily via the Internet), activation of the legal consulting service "

There is a version in English (Legislation of Russia in English) and a non-commercial version for undergraduates, graduate students and teachers (“Garant-Student”). Together with the 1C company, the product 1C: Garant Legal Support is produced.

The system supports such functions as displaying documents as of a given date (“time machine”), visual comparison of document revisions, maintaining a calendar of document status changes, searching for similar documents, requesting legal support services via the Internet from the system interface, loading legal news, sharing messages between users.

Section 3. Methods of searching for documents in the Guarantor

There are 6 types of search in the Garant system:

1. Basic search

2. Search by details

3. Search by situation

5. PRIME. Review of legislative changes

6. Dictionary

Basic search

"Basic search": searches by words, phrases, context, abbreviations, living language, and even words from professional slang.

This is the fastest search among its competitors, because it searches across a single information space, not divided into separate systems.

“Basic search” is very beautifully designed, it allows you to search by certain types of documents: by acts of authorities, by judicial practice, by document forms, comments, and so on.

However, in "Garant" there is no such parameter as word proximity. Here it is impossible to clarify where the searched words are found: within a phrase or paragraph.

Search by details

It is not necessary to enter a number that is accurate in all punctuation marks and spaces. The smart mechanism also searches by context.

You can select a block of information to search, but the fields are the same for all types of documents. This is a drawback. For example, there is no field to search by author.

Legal calendar

It has three fields:

Entry into force

Loss of power

Making changes

Each of these fields asks you to enter a date range. In fact, this tool allows you to track changes in legislation over a period of time, specifying the type of changes.

That is, now using the “Search by details” you can, for example, look at legal acts on VAT that lost force from the beginning of April to mid-May of this year.

Search by situation

“Search by situation” - help in searching if you don’t know what words to use to make the correct request so that the program understands you. It contains many search situations that will definitely help. You need to enter some keywords and select the desired situation from the resulting list.

PRIME. Review of legislative changes

This type of search allows you to build your own overviews of changes. You can optionally fill in the following fields:

Authority/Source

Section/Topic (for example, banking)

Acceptance date

Type of legal information (for example, case law).

Dictionary

Performs a search in the Explanatory Dictionary "Garant". It is worth noting that the "Explanatory Dictionary" block is not a free application, as in competing systems, but is included in the kit only for a fee.

Sorting lists in the Garant system

To sort the list there is a special button “Work with list”. When you click on it, a drop-down menu appears with a set of actions.

What you can do with the list:

"Sort list"

It is possible to sort the list by date of publication, by date of modification and by legal force. By default, the search searches by degree of match.

Thus, it is possible to control the sorting, first look at the most recently added documents, or first look at the fundamental acts upon request.

"Build a complete list"

It is possible to build a complete list of documents, since by default only 60 documents are displayed (you can change the settings in the “Configuration Settings” so that the search returns all documents at once).

"List Analysis"

To sort by document type there is a “List Analysis” function. By clicking on the "List Analysis" button, you can see how many documents of each type are present in the list. By clicking on the corresponding line, you can build a list only from certain acts.

"Apply filter"

It is possible to use filters by clicking on the "Apply filter" button. By default, filters reflect sorting by document type (for example, “Question-Answer”), and it would seem that you can only shrug your shoulders as to why this is needed if there is “List Analysis”. But the purpose of filters is much broader.

Flexibility of Garant filters

It is possible for the user to create his own filters and use them to sort lists by date of adoption, by receiving authority, etc. It is possible to create a filter by any of the “Search by details” fields.

It is possible to create your own filter for each information block "Garant" ("Working with the list" -> "Apply filter" -> "Create a new filter").

"Search by details in the current list"

“Search by details in the current list” is a button that causes a search by details, which will allow you to find the desired document in the resulting list using any of the parameters.

"Synchronous viewing"

There is also such a function as synchronous viewing. If you click on this link at the bottom of the list, a window will appear at the bottom containing annotations for the selected documents from the list. It is possible to simply click on the names of documents and read annotations to them.

In addition, when we go to the “Questions and Answers” ​​section, you can immediately see what the essence of the question is, because the question itself is already written in the title of the document, and you can immediately understand whether you need to open this document or not.

Saving lists

To save the list, just click on the “Save to My Documents” button. You can also save only the selected documents in the list.

Additional features of the Guarantor when working with lists .

In the "Analysis" tab of the top menu, methods for working with lists are available that are only available in "Garant". They provide the ability to compare lists with each other.

“Add to list” - allows you to add a previously saved one to the open list.

“Intersect with list” - allows you to select common documents from an open list with a previously saved one.

“Subtract list” - allows you to subtract documents from the open list that are common to the previously saved one.

Section 4. Problem solving

Problem 10

Citizen 3. registered with the employment service as unemployed O Go, an accountant by profession, was offered the position of cashier in the state unitary enterprise of the defense complex “Zarya” as an option for a suitable job. Nature of work d assumes familiarization with information containing state secrets. With this option A Zhdanin 3. agreed.

e to work?

1. What documents should citizen 3. submit to the personnel department of the enterprise?

In accordance with Article 65 of the Labor Code of the Russian Federation. Documents presented when concluding an employment contract:

1. passport or other identity document;

2. work book;;

3. insurance certificate of state pension insurance;

4. military registration documents - for those liable for military service and persons subject to conscription for military service;

5. a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training;

6. a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with this Code, other federal law, is not allowed to persons who have or have had a criminal record, are or have been subject to criminal prosecution.

Since the nature of the work involves familiarization with information containing state secrets, a citizen 3. before being hired must go through the procedure in accordance with clause 7. Instructions on the procedure for accessing officials and citizens of the Russian Federation to state secrets (approved by Decree of the Government of the Russian Federation of February 6, 2010 N 63).

Access of citizens to state secrets provides for:

a) accepting obligations to the state to not disseminate information entrusted to them that constitutes a state secret;

b) written consent to partial, temporary restrictions on their rights in accordance with Article 24 of the Law of the Russian Federation “On State Secrets”;

c) written consent for inspection activities to be carried out in relation to them by the authorized bodies;

d) determination of the types, sizes and procedures for providing social guarantees provided for by the legislation of the Russian Federation;

e) familiarization with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation;

f) the decision by the head of the organization (in writing) on ​​the admission of the citizen being registered to information constituting a state secret.

2. What contracts should a citizen be offered to conclude 3. upon admission? e to work?

In accordance with Art. 58 Labor Code of the Russian Federation. Duration of the employment contract

Employment contracts can be concluded:

1) for an indefinite period;

2) for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws.

A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in part one of Article 59 of this Code. In the cases provided for in part two of Article 59 of this Code, a fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be performed and the conditions for its implementation.

The task does not indicate a number of parameters of both the proposed nature and place of work, and the personality of citizen Z. Thus, in accordance with Art. 58.59 of the Labor Code of the Russian Federation, citizen Z. may be offered to enter into an employment contract either for an indefinite period or for a certain period.

Task 54

By the verdict of the district court, R. was sentenced to imprisonment for a term of three years. The regional prosecutor filed a supervisory protest, believing that a suspended sentence should be applied to the convicted person.

Which court should consider the protest; what is the order of his ra With looking?

And

1. Which court should consider the protest;

In accordance with Art. 389.3. The procedure for filing appeals and presentations

1. An appeal or presentation is brought through the court that passed the sentence or issued another appealed court decision.

2. Appeals and presentations are submitted:

2) for a verdict or other decision of a district court, garrison military court - to the judicial collegium for criminal cases of the supreme court of the republic, a regional or regional court, a federal city court, an autonomous region court, an autonomous district court, a district (naval) military court.

TO what is the order of his ra With looking?

In accordance with Art. 389.13. The procedure for considering a criminal case by the court of appeal

1. Proceedings in a criminal case in an appellate court are carried out in the manner established by Chapters 35 - 39 of this Code, with the exceptions provided for by this chapter.

2. The presiding officer opens the court session and announces which criminal case is being considered and whose appeal and (or) presentation is based on. After this, the presiding judge announces the composition of the court, the last names, first names and patronymics of the persons who are parties to the criminal case and present at the court hearing, as well as the last names, first names and patronymics of the secretary of the court session and the interpreter, if the interpreter is participating in the court hearing. The presiding officer asks the participants in the trial whether they have any challenges and motions and whether they support the motions stated in the appeal and (or) presentation.

3. The judicial investigation begins with a brief presentation by the presiding judge or one of the judges participating in the consideration of the criminal case of the appellate instance, the content of the verdict or other court decision being appealed, the substance of the appeal and (or) presentation, objections to them, as well as the substance of the additional materials presented.

4. After the report of the presiding judge or judge, the court hears the speeches of the party that filed the appeal, presentation, and objections of the other party. If there are several complaints, the sequence of speeches is determined by the court, taking into account the opinions of the parties. The court then proceeds to review the evidence. To confirm or refute the arguments presented in the appeal or presentation, the parties have the right to submit additional materials to the appellate court.

5. Witnesses questioned in the court of first instance are questioned in the court of appeal if the court finds their summons necessary.

6. Petitions of the parties for the examination of evidence, including petitions for the examination of evidence that was not examined by the court of first instance (new evidence), and for the summoning of witnesses, experts and other persons to the court session for these purposes, are resolved by the court in the manner established by parts first and second articles 271 of this Code. In this case, the court does not have the right to refuse to satisfy the petition only on the grounds that it was not satisfied by the court of first instance.

(Part 6 as amended by Federal Law dated July 23, 2013 N 217-FZ)

6.1. Evidence that was not examined by the court of first instance (new evidence) is accepted by the court if the person who filed the petition for its examination has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid.

(Part 6.1 introduced by Federal Law dated July 23, 2013 N 217-FZ)

7. With the consent of the parties, the appellate court has the right to consider the appeal, the presentation without checking the evidence that was examined by the court of first instance.

8. The appellate court has the right to examine evidence using video conferencing systems.

9. Upon completion of the judicial investigation, the court finds out from the parties whether they have requests to supplement the judicial investigation. The court resolves these petitions, after which it proceeds to the debate between the parties.

2. Can a supervisory court And accept the solution proposed by the prosecutor?

Maybe, since this does not contradict the following articles of the Code of Criminal Procedure of the Russian Federation:

1. Section 389.20. Decisions made by the appellate court

1. As a result of consideration of a criminal case on appeal, the court makes one of the decisions:

3) on the reversal of a conviction and on the imposition of a guilty verdict;

9) about changing the sentence or other appealed court decision;

2. Section 389.26. Changing a sentence or other court decision

1. When changing a sentence or other court decision on appeal, the court has the right to:

1) mitigate the sentence of the convicted person or apply the criminal law against him for a less serious crime;

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2. INFORMATION, INFORMATION TECHNOLOGY AND COMPUTER LEGAL ADVISORY SERVICES

2.1. THE CONCEPT OF INFORMATION AND ITS VALUE FOR THE LEGAL SYSTEM

Information is a strategic product, but with the advent of modern computer technology, it also began to act as one of the most important resources for scientific and technological progress and the transformation of society. The highest priority activity today is the formation of an information society - a society in which the processes of collecting, processing, analyzing, transmitting information, i.e. information and communication technologies occupy a major place in various spheres of human activity.

Information is divided into three main types: 1) by scope (mass, legal, scientific and technical, political, social, statistical, etc.); 2) by access mode (open and limited access); 3) by type of media (paper, machine).

In any society, information performs certain functions,

To The main ones include the following:

integrative - uniting members of society and social groups into a single whole;

communicative− communication and mutual understanding;

instrumental− participation in the organization of production and management;

cognitive - a means of reflecting objective reality and transmitting data.

Information plays a particularly significant role in management activities, which include legal activities.

However, an analysis of the literature, including legal literature, and the legislation of the Russian Federation regulating information relations shows that there is no precise and unambiguous definition of the concept “information”. The views of scientists on this issue are quite diverse and not always unambiguous.

Article 2 of the Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection” defines information in the form of information (messages, data) regardless of the form of their presentation.

Information theory defines information as a means of removing the “uncertainty” (entropy) of an event or object of knowledge.

Information is defined both as messages about events occurring in the legal system of society (M.M. Rassolov), and as data, characteristics

representing the object of knowledge, which can be identified by the cognizing subject in one or another reflection of the cognizable object (N.S. Polevoy), and as a set of legislation (arrays of legal acts) and law enforcement practice (V.E. Krasnyansky).

In everyday life, information is understood as messages that interest us. Consequently, in various studies, in legislation ter-

min “information” is used mainly in one meaning – as information, data, knowledge.

However, the above concepts do not allow us to determine the essence of the information, to remove the questions that arise regarding its content, in particular: why, using the same source (film, book, conversation with a person and other sources), different people receive different information ; or why the same person from the same source, for example, examining a table, can, depending on the method used (vision, smell, touch, examination of the table material), record completely different information. Therefore, to define information, it is important to understand that it is formed from data, but the content of the information depends not only on them, but also on the methods by which the data is reproduced. Methods can be natural (human sensory organs), hardware, software, etc.

Therefore, it is reasonable to assume that the most accurate definition of the concept of information to date was proposed by a team of authors led by S.V. Simonovich: “Information is a dynamic object, a product of the interaction of data and methods, considered in the context of this interaction.”

The work of any legal system, as discussed, is always associated with the collection, processing and use of information. Law enforcement agencies collect and process incoming information, initiate and investigate criminal cases on its basis. The legal proof procedure is built from separate operations of searching and evaluating various types of information. In this case, it is necessary to find such quantitative and qualitative characteristics of the initial data about the object of knowledge that would allow us to obtain information about it necessary for determining the truth in the ongoing legal research.

tion. Thus, Without information exchange, neither the existence of the system nor its management is possible . With the help of information:

first, the interconnection and interaction of all elements of legal mechanisms is carried out, their unification into the legal system of society, the connection of legal entities with the external environment; secondly, information is the basis of all stages of legal influence. Based on complete and timely information, movement occurs in the direction of the goals set, and optimal decisions are made.

The main components of a lawyer’s activity include the following:

1) work with social and legal information (its search, evaluation, selection, systematization, study, analysis, processing, etc.);

2) understanding the problem, assessing the situation taking into account its expected changes and putting forward hypotheses;

3) determination of optimal or rational ways and means of accomplishing the task;

4) implementation of interpersonal contacts (conversations, interrogations, discussions, etc.);

5) analysis (logical, professional) of source data and evidence;

6) decision making;

7) preparation of documents (protocols, certificates, decisions, etc.);

8) control of execution and legality.

A legal specialist implements the subject of his professional activity on the basis of various information - scientific, social, legal, economic and other. The administrative staff of legal bodies according to statistics spends up to 80% of their time working with information, investigators only processing information - more than 40%.

Previously (and in some places even today), information circulating in legal systems was processed by local administration employees, judges, prosecutors, government arbitrators, investigators and other specialists, mainly manually. The storage of this information was carried out, as a rule, using the simplest means - cards of legislative materials: cards for recording directives, orders, instructions, books on crime analysis, magazines, folders with reports, etc.

With the increase in the volume of information, a situation arose when the existing means of working with information in the legal system became significantly outdated and began to lag behind modern needs, this led to overload of workers and a decrease in the quality of their work.

2.2. INFORMATIZATION OF SOCIETY AND ITS LEGAL SYSTEM, IMPORTANCE OF INFORMATIZATION FOR JURIPRUDENCE

Modern society is distinguished by the priority of information over the products of material production, the establishment of a market economy, updating legislation, informatization of all spheres of activity, including legal, the formation in Russia of a single information and legal space, Electronic government, ensuring the information security of citizens and the state, the development of the information services industry, the creation information law, entry into the global information space.

As practice shows, one of the most effective ways to increase a lawyer’s productivity at present is the use of information and communication technologies based on modern computers. Solving professional problems with the help of information and communication technologies makes it possible to influence the quality and efficiency of all legal activities, and increase the productivity of specialists by an average of three times.

Information technology is a process that uses a set of means and methods for collecting, processing and transmitting primary information to obtain information of new quality. Article 2 of the Federal Law “On Information, Information Technologies and Information Protection” states that “information technologies” are processes, methods of searching, collecting, storing, processing, providing, distributing information and methods of implementing such processes and methods.

In Russia, over the years, concepts and programs for informatization of legal institutions and organizations have been developed and adopted. For example: decrees of the President of the Russian Federation dated 06/28/93 No. 966 “On the concept of legal informatization of Russia”, dated 08/04/95 No. 808 “On presidential programs for legal informatization”, dated December 19, 1995 No. 1272 “On information -telecommunications support of the Accounts Chamber of the Russian Federation"; federal laws “On information, informatization and information protection” (repealed), “On information, information technologies and information protection”; orders of the Ministry of Justice of the Russian Federation dated January 21, 2000 No. 10 “On approval of the Concept of informatization of the Ministry of Justice of the Russian Federation”, Ministry of Internal Affairs of the Russian Federation dated July 10, 1995 No. 263 “On the procedure for introducing standard software and hardware for informatization of internal affairs bodies”; Federal target program “Electronic Russia (2002 – 2010)”; in 1999, the Concept of informatization of courts of general jurisdiction and the Judicial Department system was developed, which received approval from the judicial community; Concept for the use of information technologies in the activities of federal government bodies until 2010 (approved by order of the Government of the Russian Federation

dated September 27, 2004 No. 1244-r), etc.

According to these legislative acts, the prosecutor's office, court, other departments, non-profit and commercial law firms are equipped with modern computer equipment and information and communication technologies. So announced on June 13, 2002 by order of the Ministry of Internal Affairs of Russia No. 562 “Concept for the development of the information and computing system of the Ministry of Internal Affairs of Russia for 2002 - 2006.” is aimed at solving two interrelated tasks: increasing the efficiency of using information resources existing in the Ministry of Internal Affairs of Russia and ensuring

care for the development of the information and computing system of the Ministry of Internal Affairs of Russia as a system that integrates information resources of internal affairs bodies based on promising technologies for their processing. The implementation of the provisions of this Concept will ensure the transition to the creation of a unified information space of the Ministry of Internal Affairs of Russia, and in the future to the formation of a unified information space of law enforcement, control, supervisory and financial authorities of the Russian Federation based on the integration of their information resources into a unified information and telecommunication environment.

Thus, solving the problems of informatization is based on the creation of automated information networks at different levels of management. It is especially important to create local networks at the departmental level in order to ensure more rational data exchange and use of data received by information centers. The functioning of such networks facilitates the organization of paperless information exchange between services and departments and the use of automated workstations.

Several areas of informatization can be distinguished:

1) creation of a Nationwide Legal Information System;

2) informatization of law-making activities;

3) informatization of law enforcement activities;

4) informatization of law enforcement activities.

In particular, work on informatization of courts, bodies and institutions of justice was carried out on the basis of a pre-project survey of these bodies and institutions, carried out in 1990, as well as numerous decisions and a plan for the phased introduction of computer technology into the activities of justice bodies and courts for 1991 - 1994 ., approved by the Minister of Justice. According to the Decree of the Government of the Russian Federation “Issues of the Ministry of Justice of the Russian Federation” dated July 24, 1997, work was carried out to create a unified information and telecommunications support system for the Ministry of Justice of Russia, the central node of which is the Main Information and Analytical Center (GIAC), its divisions exist in all regions of the country.

The center was created on March 29, 1968 in order to improve the information support of the central apparatus of the Ministry to solve problems of complex automation of accounting and computing work; it was called the Information and Computing Center (ICC). On November 9, 1970, to improve the system for collecting and processing information and using it in operational activities, the Main Information Center under the USSR Ministry of Internal Affairs was created on the basis of the Information Computing Center. In November 1971, the State Research Center was transformed into the Main Research Center for Management and Information (GNITSUI). SNITsUI was entrusted with the tasks of scientific development of problems of improving control systems and

information in internal affairs bodies, on the management of accounting, registration and information activities; providing the apparatus of the Ministry of Internal Affairs of the USSR, internal affairs bodies, and other departments with operational, statistical, scientific and technical information. On November 4, 1985, GNITSUI was again renamed the Main Information Center (GIC) of the USSR Ministry of Internal Affairs. Mass introduction of personal computers in the late 1980s. made it possible to bring information storage and processing systems as close as possible to direct consumers - practical workers. The use of powerful computers and teleprocessing systems opened up new prospects in computerizing the activities of internal affairs bodies. In 2003, the State Research Center of the Ministry of Internal Affairs of Russia was entrusted with the functions of managing, coordinating and monitoring the processes of implementation and use of modern information technologies in the system of the Ministry of Internal Affairs of Russia, and the formation of a unified scientific and technical policy in the internal affairs bodies.

IN In 2004, in order to improve the information support of the country's internal affairs bodies, the Program “Creation of a unified information and telecommunication system of internal affairs bodies”, designed for 2005 – 2008. The Program included the following subprograms: “Reconstruction and technical re-equipment of information centers of the Ministry of Internal Affairs, the Main Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation, the Internal Affairs Directorate in transport”, “Creation of a system of interregional automated data banks of fingerprint information of federal districts and the federal automated fingerprint information system (ADIS-GIC) and development of a network of software and hardware complexes AFIS at the regional level,” “Creation of an automated information retrieval system for biometric personal identification by facial image for 2005–2006.”

IN In accordance with the new tasks, the State Information Center of the Ministry of Internal Affairs of Russia was transformed into the Main Center in November 2004 information and analytical center of the Russian Ministry of Internal Affairs.

IN In 2011, the Ministry of Internal Affairs of Russia created a new division - the Department of Information Technologies, Communications and Information Protection. The unit is faced with the task of “pulling together and intensifying all previous work in this direction, fundamentally changing the system of interaction between the Ministry of Internal Affairs and the population.” According to the head of the department, a gradual transition to the provision of public services in electronic form is planned. One of the main tasks of the department is to unite all existing disparate electronic systems into a single telecommunication system that will unite the internal affairs bodies, internal troops and, possibly, the Federal Migration Service (FMS), “To make it easier for any internal affairs officer, district police officer or operative work" .

The main link in the process of informatization of the legal sphere of society is the creation in Russia of a nationwide automated system of legal information, which will unite the subsystems of all regions of the country, all legal bodies and authorities.

A negative result of the informatization of society has been the emergence of a new type of crime, the so-called “computer” crimes, since the criminal world has always been armed with the most modern means of committing crimes, today these are computer information technologies. The development of computer information technologies, the widespread use of computers, and their integration into telecommunication networks expand the possibility of penetration into “foreign” information resources, i.e. lead to new ways of committing crimes.

Thus, there is an increase in socially dangerous acts with the help of or against computer technology.

All of the above serves as a prerequisite for the use of computer technology by legal authorities and creates the need to prepare legal personnel to work in new conditions - in the modern information environment. A legal specialist today must not only be able to solve crimes committed using a computer, but also freely use computer information technologies in his professional activities.

However, it must be remembered that solving legal problems with the help of technical means and information technologies requires the development of informal and formalized algorithms and programs for working with information. These can be algorithms and programs for the process of lawmaking, legal regulation, consideration of cases in court, the movement of information from law enforcement agencies to companies, automation of the search for information about offenses among those working at enterprises in the region, district, and many others.

Algorithmization of the information process in the field of law and solving a legal problem comes down to dividing this process into the simplest stages. Drawing up an algorithm here requires detailing the phenomena and processes under consideration, their division and connection, which in some cases is associated with certain difficulties, especially if we are talking about drawing up a formalized algorithm (for example, determining the size of work experience), which must be performed on a computer.

In the field of law, there are a number of forms of writing an algorithm. The predominant form is the verbal form of describing information processes in legal entities, as well as solving legal problems. When using this form, you must adhere to the following rules: carefully select words, strictly arrange phrases and texts.

In connection with the use of mathematical methods and computer technology in law, flowchart and graphical representation of algorithms has become widespread.

When representing an algorithm in a block diagram, the process or phenomenon under consideration is divided into blocks, which are combined into one common diagram. The transfer of control from one block to another is indicated by arrows with explanatory inscriptions.

The graphical representation of the algorithm is associated with the design of geometric and other figures, connections, lines, indicating the implementation of the process of solving legal information problems.

2.3. CLASSES OF PROBLEMS SOLVED USING COMPUTER TECHNOLOGIES

When solving and investigating crimes, both universal and special software can be used (Fig. 2.1). Universal general-purpose programs not only increase labor productivity and efficiency in detecting and investigating crimes, but also raise it to a qualitatively new level.

		Text	Graphic
		editors and
			editors
		processors
	Electronic		Electronic
	AIPS, AISS and	informational		Computer
		and communication
				translators
		technologies
	Consulting	for lawyers
	(expert)			management
				databases
		Software	Optical systems
		funds	themes recognized
		preparation	symbols and
		presentations	images

Rice. 2.1. List of information and communication technologies,

used in the work of a lawyer:

AIPS – automated information retrieval systems; AISS – automated information and reference systems; AILS – automated information and logical systems

Universal programs include: word processors,

graphic editors(Adobe Photoshop, Corel Draw, Paint), database management systems, spreadsheet editors, character recognition programs, presentation editors(PowerPoint), editor

publication ry, computer translators.

Special software (software) includes pro-

grams designed to solve a specific legal problem,

for example AIPS, which will be discussed later.

With the help of information technologies, legal bodies can solve the following classes of problems:

1) data processing using mathematical calculations (statistical indicators of crime investigations, processing of questionnaires);

2) logical tasks (logical reasoning that allows you to evaluate the truth of a certain statement based on data);

3) typing, editing and formatting text;

4) creation and processing of graphic images, including scanned ones;

5) creating databases and working with them;

6) translation of foreign text;

7) communications and communications;

8) conducting certain types of examinations;

9) decision support;

10) creating presentations.

2.4. MAIN TYPES OF SPECIALIZED INFORMATION TECHNOLOGIES USED

IN LEGAL ACTIVITY

The history of work on legal informatization in our country dates back to the 1970s. in accordance with decisions of the Central Committee of the CPSU and the Council of Ministers of the USSR. The solution to this problem was entrusted to the Ministry of Justice. At first, the information centers of the internal affairs bodies were equipped with electronic computers of the Minsk-22, Minsk-32 type, then with ES and SM type computers, which were used mainly for processing statistical data. The weakness of the technical base and the lack of developed software did not allow the implementation of the concept of a unified database, both at the regional and federal levels.

However, it should be noted that already in the 1970s, for example, the Central Leningrad Scientific Research Laboratory of Forensic Expertise (LNILSE) used computers when conducting forensic handwriting and automotive expert research.

The first automated operational-search records in the 1970s, such as automated information retrieval systems

the topics “Wanted”, “Passport”, “Accounting”, “Network”, etc., were ahead of similar developments in developed foreign countries. But the history of the development of computer technology in the activities of law enforcement agencies in our country also has negative aspects. In particular, the information and analytical system “Passport”, designed to control and search for information about the movements of citizens across the borders of our state, with the help of which major frauds involving the illegal export of antiques and jewelry from the country were uncovered, crimes related to smuggling and international speculation in on a large scale, was withdrawn from service and liquidated at the direction of the top leadership of the Soviet Union as “violating human rights.”

The main computer technologies used today by legal bodies and organizations include various automated information systems (AIS):

1) automated data processing systems ( ASOD);

2) automated information retrieval systems

(AIPS); 3) automated information and reference systems

(AISS);

4) automated workstations ( AWP);

5) automated control systems ( ACS);

6) expert systems ( ES) or systems to support the adoption of re-

Automated system– a system consisting of personnel

And a set of automation tools for its activities, implementing information technology to perform established functions.

AIS (Data Bank) is a set of structured data (database) and a set of hardware and software tools for storing and manipulating data (Fig. 2.2). ( Under structuring

They take the process of adapting data to the needs of the machine, for example, limiting the length and values ​​of data, i.e. introduction of conventions on how data will be presented).

Technical				Organizational
security				security
Mathematical				Informational
security				security
Software				Legal
security				security
	Rice. 2.2. Composition of the data bank

Information technologies in jurisprudence

Having successfully studied the material, you will know:

information technologies (IT), implementing information processes;

the concept of legal automated information system (LAIS);

IT, which can form the basis for building UAIS;

approaches to the classification of SAIS;

principles of interaction and integration (integration) of IT in UAIS;

basics of the organization of UAIS;

appointment of a lawyer's automated workstation as a means of implementing IT;

the concept of integrated IT included in a lawyer’s workstation.

After studying this topic you will be able to:

distinguish and classify IT in jurisprudence;

navigate approaches to the use of IT in jurisprudence;

distinguish IT, which can form the basis for the construction of UAIS;

understand the properties of UAIS;

distinguish between personal and multi-user UAIS;

navigate the principles of interaction and integration (integration) of IT in UAIS;

determine the purpose of a lawyer’s automated workstation as a means of implementing IT.

After studying the material you you will have the skills:

choosing information technologies to solve various problems in the field of jurisprudence.

Basic concepts for topic 2

Automated workstation

Legal automated information system

Features of the legal automated information system (LAIS)

Legal automated information systems (LAIS) have the following features:

in UAIS, the result parameters are formed and set in the form of a specific goal (task) much earlier than the result is achieved, i.e. the gap between setting the task and obtaining the result is quite large;

in UAIS it is not necessary that the value of the goal coincide with the value of the useful result, i.e. one goal corresponds to many values ​​of the useful result.

Information technology is the basis for building legal automated information systems

Information technology (IT) are closely associated with SAIS.

IT is a sequence of technological operations, stages, and actions of varying degrees of complexity performed on data stored in computers. The main goal of IT is to obtain the resulting information necessary for the user as a result of targeted actions to process primary information (Fig. 2.1
).

UAIS is an environment whose constituent elements are technical means, computer networks, programming languages, application development tools, application software products, databases, people, etc.

The main goal of UAIS is to organize the storage, processing and transmission of information. Implementation of the functions of UAIS is impossible without knowledge of IT oriented to it. It should be noted that certain IT may exist outside the SAIS.

Software tools for processing legal documents

The work of a lawyer involves the creation and processing of large volumes of text information. You became acquainted with text editors in the Computer Science course. Here we will look at other IT processing text documents.

Automated lawyer workstation as a means of implementing information technology

In the course of a lawyer’s activities, both individual IT and their combination, combined into a legal automated information system, can be used. A set of enabling and functional information technologies that support the achievement of goals decision maker (DM), is implemented based on automated workstations (AWS).

With the advent of personal computers, it became possible to install them directly at a lawyer’s workplace and equip them with new tools aimed at a non-programmer user.

A personal computer located at the workplace, which is equipped with software and hardware for the implementation of professionally oriented functional and enabling information technologies, is called automated workstation (AWS).

Workstation is designed to support decisions made. Workplaces of specialists are usually integrated into a single multi-level computer network.

A lawyer's workstation is a certain part of a legal automated system, and its type and functions depend on the job responsibilities of the lawyer for whom it is intended. Which part of it is assigned to a particular workstation is determined, first of all, by the structure of the organization. Combining functional IT with a management structure allows you to create a distributed system for solving subject problems. The distribution of these technologies between computers can concern either the stored data or the technologies for processing it.

The lawyer's workstation includes three main components:

1) training system;

2) IT complex;

3) service means.

As an example, let’s consider the reference legal system of the automated workplace “Lawyer”, which combines a well-organized search system and tools for analytical work on a legal problem. The network version of the product provides opportunities for sharing developments within a working group.

The Lawyer's Workstation is a means of organizing the work of lawyers and experts and provides a full cycle of expert and analytical work in the field of analysis and systematization of legislation, as well as the development and examination of regulatory documents. The said UAIS decides next tasks:

setting and registering tasks in separate folders;

preservation of analytical results of work on each problem;

recording the final decision on the issue along with all the information underlying that decision;

exchange of information between separate folders, including with other specialists and organizations.

Information technologies for crime investigation

One of the directions for increasing the efficiency of crime investigation is the use in the investigation process of the achievements of new information technologies, based on the widespread introduction of computer support for the investigator’s decision-making on the direction of the investigation and the conduct of investigative actions.

Information and consulting systems

An analysis of cases of investigative practice in which investigators made unjustified arrests or implicated persons as accused allowed us to identify the connection of these violations with a number of tactical errors and, accordingly, with the emergence of complex procedural and tactical situations.

Such mistakes could be avoided with the widespread use of information technology. Computer systems to support the process of making tactical decisions allow you to save effort and money, and most importantly, time to solve crimes in complex situations that require making multi-criteria tactical decisions.

Information and consulting systems allow you to reduce search time and identify the most important connections between events or suspects.

Specially focused on identifying and modeling connections in criminal groups. It also allows you to record information reflecting their qualitative characteristics (corruption, family ties, etc.). Based on this analysis, it is possible to find chains going from the direct perpetrators to the organizers and customers of the crime.

Similar systems have been developed to search for “tourist” criminals. For example, based on information about crimes and administrative offenses, it analyzes more or less stable criminogenic connections (place of residence, work, presence of acquaintances) between the place where crimes were committed and the place of residence of the criminals. Such systems have made it possible to significantly optimize the process of analytical work of criminal investigators.

One of the most effectively functioning systems is based on the principle of “Modus Operandi” (describing the “handwriting” of a crime). On this basis, a system was built designed to disclose and investigate the theft of funds from closed storage facilities.

Accessing the Safe system allows you to:

1) put forward substantiated versions of the involvement of specific persons in the commission of crimes;

2) identify a series of unsolved crimes that could have been committed by one person or one criminal group.

Consulting programs allow you to draw conclusions in a dialogue mode, relying on an expert system. Such programs include “Maniac” (a psychological portrait of a serial criminal), “Time of Death”. Consulting programs allow, for example, to receive advice on the direction of interrogation (“Cognitive Interrogation Technique”).

Information retrieval systems

In forensic examination, the object of research is thousands of varieties of different materials, substances and products, each of which is characterized by many properties and characteristics. Traditionally, forensic institutions have created reference and information funds (RIF)- collections of various objects, samples of weapons, ammunition, shoes, brands of gasoline, fragments of headlights, etc. Currently, SIFs have turned into reference and information systems that allow you to automate both the process of collecting information and the processes of search and analysis. These include, for example, AIPS:

“Metals” - compositions of metals and alloys and their areas of application;

“Fiber” - characteristics of textile fibers;

“Brand” - characteristics of car enamels;

“Shoes” - characteristics of shoe soles;

“Paper” - compositions of paper materials, their purpose, manufacturing companies,

“Lipstick” - composition of lipstick, tone number and manufacturer;

“Nodes” - types of nodes.

DNA data banks are being created both of persons who have committed a crime and of persons whose profession involves a risk to life. Image recognition systems are widely used to identify fingerprints (“Daktoexpert”, “Papillom”), find a photograph in a database using a verbal description (“Portrait”) or from surveillance camera recordings.

Measuring and computing systems

Measuring and computing systems used to automate the collection and processing of experimental data obtained during physicochemical, biological and other forensic studies.

In recent years, institutions have widely used:

programs for collecting and processing primary information coming from devices (for example, Gazchrome);

programs for solving identification and classification problems (for example, “Weapon Model”);

programs for mathematical calculations (for example, “Contrast”, “Beta”);

software systems for information support of forensic examination (various types of search engines, for example, “Knots”);

programs for composing the text of expert opinions in interactive mode.

An AIPS for explosions and fires is being developed. It contains information about the causes of explosions and the classification of explosives, methods for analyzing and comparing similar cases. A similar system has been created for explosions and fires at industrial enterprises. In the future, it is planned to create interactive databases.

The automated system "Avtoex-3" is intended for use in expert studies of vehicle collisions with pedestrians. The program allows you to check the driver’s technical ability to prevent a collision, determine the speed, expressway and other parameters of the accident.

A number of simulation training systems have been developed for lawyers, which simulate both individual investigative actions (for example, inspection of the crime scene) and the investigation process as a whole: “Murder”, “Investigator”, “Racket”, “Mirage”, “Plagiarism”, “Investigation of rape”, “Prosecutorial supervision”, etc.

Key Findings

A sequence of operations with data stored on a computer to obtain the resulting information necessary for the user. is an environment whose constituent elements are technical means, computer networks, programming languages, application development tools, application software products, databases, people, etc.

A personal computer that implements a set of professionally oriented functional and supporting information technologies and is located at the workplace is a automated workstation (AWS), the purpose of which is information support for decisions made.

AIS also plays an important role in crime investigation. Among them are information-analytical, information-retrieval and information-consulting AIS.

Information retrieval AIS replace collections of various objects (fabric fibers, paint coatings of different brands of cars, ash, etc.)

Information and analytical AIS are usually measuring and computing systems connected to a PC, with the help of which forensic research is carried out.

Consulting programs allow you to draw conclusions in a dialogue mode, relying on an expert system. Such programs include: “Maniac” (a psychological portrait of a serial criminal), “Time of Death”. Consulting programs allow, for example, to receive advice on the direction of interrogation (“Cognitive Interrogation Technique”).

Simulation business games demonstrate the emergence and development of a situation depending on the user’s decisions. The player is given the opportunity to clarify the situation and choose an action.

Security questions

What is IT? What is UAIS?

What IT is used when processing legal documents? What software products implement these technologies?

What are automated workplaces used for?

What software tools are used to work with text documents?

What types of AIS are used in crime investigation? What problems do they solve?