The Legal and Informational-Technological Regime of Access to the Secret Protected by the Law at an Initial Stage of Investigation

Abstract

Consequences of development and introduction of information technologies which led to formation of new information and technological way of society, digitalization of all spheres of the human activity having evolutionary value for criminal procedure activities for collecting criminal significant information from digital infrastructure are analyzed in this article. The research objective consists of identification of essence of the legal and information and technological regime of access to the secret protected by the law which is in information and telecommunication networks, databases, digital devices at an initial stage of investigation. In modern information and technological society the system of criminal procedure proof needs modernization. It is necessary to develop the new legal and information and technological regime of access to the secret protected by the law at an initial stage of investigation. The prospects of formation of the new legal and information and technological regime of obtaining evidentiary information are connected with simplification of a criminal procedure form, procedural stages of initiation of legal proceedings and preliminary investigation, introduction of electronic workflow. The methodological basis of a research was made by set of methods of scientific knowledge among which the leading place is taken by a dialectic method. In article methods are used general scientific (dialectics, the analysis and synthesis, abstraction and a specification) and science methods (comparative and legal, technical and legal). A conclusion that in the conditions of the created information and technological mode of accumulation, processing, storage, granting and use of information on significant events, the phenomena the investigator has to obtain criminal and relevant information not so much by means of investigative actions, how many by means of other procedural actions, for example inquiries, copying, receiving and saving the obtained information in departmental information systems became result of a research.