ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE

Abstract

The article provides an analysis of the sources of obtaining evidentiary and other information necessaryfor the investigation body, the prosecutor (state prosecutor) and the court to implement the provisions on theconfiscation of property under Art. 104.1 of the Criminal Code of the Russian Federation. With examples fromthe judicial practice of the federal court and the positions of the Supreme Court of the Russian Federation,set out in the Resolution of the Plenum, the issue of obtaining information from electronic databases aboutthe property status of a participant in criminal proceedings is considered. The possibilities of GAS “Justice” ofPI “Judicial record-keeping” on the issues under consideration are revealed. The conclusion is substantiatedthat the conclusion that electronic databases can and should be used as a source of obtaining data for thecircumstances to be proved in a criminal case. Taking into account the provisions of Articles 73 and 74 of theCriminal Procedure Code of the Russian Federation, the place and type of information received, using theseelectronic databases, in the evidence system in a criminal case, is determined. The conclusion is substantiatedthat the list of compositions (articles) of the Criminal Code of the Russian Federation, according to which itis possible to apply confiscation by a conviction of a court, is practically unlimited, and, to be more precise,is limited only to the list of articles of the Special Part of the said code.