ENSURING THE USE OF ELECTRONIC DOCUMENTS AND THE SECURITY OF ELECTRONIC INFORMATION IN CRIMINAL PROCEEDINGS (ANALYSIS OF ARTICLE 474.1 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION) УДК 343.13

Abstract

The issues of ensuring the use and security of electronic documents and information in criminal proceedings in Russia are revealed using the example of the analysis of Art. 474.1 Code of Criminal Procedure of the Russian Federation. Cases of using an electronic document and issues of its signing by the person who sent such a document, enhanced by a qualified or simple electronic signature, cases of filing documents through the federal state information system "Unified portal of state and municipal services (functions), or an information system determined by the Supreme Court of the Russian Federation" are considered. , Judicial Department of the Supreme Court of the Russian Federation, or electronic document management systems for participants in criminal proceedings using a unified system of interdepartmental electronic interaction. Similar issues are raised in the area of requests in court (issuance by the court) of copies of court decisions in criminal cases (in particular sentences), as well as sending and receiving subpoenas to participants in criminal proceedings. Based on the example of the analysis of this article, it is concluded that its provisions provide security for information and document flow used by participants in criminal proceedings in Russia, through the use of various electronic signatures (simple or enhanced qualified), the Unified Portal, or information systems, or electronic document flow systems of participants in criminal proceedings. legal proceedings using a unified system of interdepartmental electronic interaction. It is emphasized that the difficulty of access to the designated security tools (electronic signatures, portals, databases and systems) often makes their use impossible. The necessity is substantiated, both at the legislative level (in the legal aspect) and in technical terms, to simplify access to these resources (tools), thereby making them more in demand in the criminal proceedings of Russia, and, as a result, making the entire sphere of the criminal process more protected in information terms.