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Юридические алгоритмы формирования предмета доказывания по преступлениям в сфере цифровой экономики и финансов
For proper law enforcement in crimes in the field of digital economy and finance, the use of mutual connections between criminal and criminal procedural legislation, creating a unified legal foundation for criminal proceedings, is of particular importance. The article reveals the features of the application of certain sets of provisions of the current legislation in the form of legal algorithms, the proper use of which allows to form a detailed description of the subject of proof, as well as to apply systems of legal identities for their use in establishing the limits of proof in relevant criminal cases. Scientifically based approaches to establishing the structure and content of information that has a legal status in each of the evidence obtained during the investigation of criminal cases are described. On their basis, algorithms for presenting evidence in the form of one-dimensional and multidimensional matrices have been developed, the content of which is standardized based on the features of the crimes of the type under consideration and the circumstances subject to proof in these criminal cases. This allows for their proper verification and assessment, as well as establishing the sufficiency of the collected set of evidence. The information structure of such legal algorithms implements “simple” systems of legal identities aimed at establishing the sufficiency of data that correspond to the signs of the crime (which allows making a decision to initiate a criminal case), as well as “double” systems of legal identities that allow establishing the sufficiency of the collected set of evidence at various stages of the criminal case investigation. The features of hierarchical systems of legal algorithms developed to identify signs of committed sets of crimes in the sphere of economics and computer information with “cross” forms of complicity are disclosed. They are aimed at identifying, based on the results of the investigation, the corresponding crimes committed by each of the accomplices. Approaches to the scientific substantiation of proposals to amend and supplement to Part 6 of the Criminal Procedure Code regulating the procedure for processing electronic information using certified software for obtaining evidence and proving crimes in the field of digital rights are discussed.