Digital solutions for optimizing the sentencing of criminal penalties in times of war

Relevance . Unlawful acts under martial law carry an increased public danger, destabilizing national security, exacerbating resource scarcity and having an extremely negative impact on society. This requires the criminal justice system to respond as quickly and effectively as possible, including in terms of imposing fair and proportionate penalties. In light of the current foreign policy situation, the relevance of this study is undeniable. Purpose. The purpose of the work is to identify the positive and negative aspects of the application of digital solutions to optimize the assignment of criminal penalties under martial law on the basis of a comprehensive analysis. Objectives: to identify specific factors and challenges affecting the process of sentencing in the context of military conflict, to study the best international experience in the use of digital technologies to improve the effectiveness of judicial determination of criminal sanctions, to analyze the prospects for the use of innovative tools in the imposition of criminal sanctions, taking into account the peculiarities of martial law, to identify the key advantages and limitations of the use of digital technologies in the judicial system to improve the objectivity, speed, and efficiency of the judicial process. Methodology. The work is built on the basis of dialectical general scientific approach, which provided the integrity of the study and substantiation of cause-and-effect relationships. We used general scientific methods - analysis and synthesis, generalization, special legal method - comparative-legal method. Results. Under martial law, the use of digital technologies can increase the objectivity, speed and transparency of sentencing. However, there are risks of errors and system failures, the need for costly investments, problems with information security and citizens' distrust of «soulless» machine solutions. Conclusion. The study identifies both the potential benefits and risks of digital solutions for optimizing criminal sentencing under martial law. In order to improve the effectiveness and reliability of digital solutions, risks related to cybersecurity, personal data protection and resilience to disruptions under emergency conditions need to be carefully assessed. At the same time, it is important to continuously improve and adapt technologies, ensuring their flexibility to dynamically changing wartime realities.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2024-11-23
DOI
https://doi.org/10.21869/2223-1501-2024-14-5-115-129
Primary Topic
Digital Transformation in Law
Type
article
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article

Digital solutions for optimizing the sentencing of criminal penalties in times of war

O. V. Maricheva
Proceedings of the Southwest State University Series History and Law
Digital Transformation in Law
article

Digital solutions for optimizing the sentencing of criminal penalties in times of war

O. V. Maricheva
article en

Abstract

Relevance . Unlawful acts under martial law carry an increased public danger, destabilizing national security, exacerbating resource scarcity and having an extremely negative impact on society. This requires the criminal justice system to respond as quickly and effectively as possible, including in terms of imposing fair and proportionate penalties. In light of the current foreign policy situation, the relevance of this study is undeniable. Purpose. The purpose of the work is to identify the positive and negative aspects of the application of digital solutions to optimize the assignment of criminal penalties under martial law on the basis of a comprehensive analysis. Objectives: to identify specific factors and challenges affecting the process of sentencing in the context of military conflict, to study the best international experience in the use of digital technologies to improve the effectiveness of judicial determination of criminal sanctions, to analyze the prospects for the use of innovative tools in the imposition of criminal sanctions, taking into account the peculiarities of martial law, to identify the key advantages and limitations of the use of digital technologies in the judicial system to improve the objectivity, speed, and efficiency of the judicial process. Methodology. The work is built on the basis of dialectical general scientific approach, which provided the integrity of the study and substantiation of cause-and-effect relationships. We used general scientific methods - analysis and synthesis, generalization, special legal method - comparative-legal method. Results. Under martial law, the use of digital technologies can increase the objectivity, speed and transparency of sentencing. However, there are risks of errors and system failures, the need for costly investments, problems with information security and citizens' distrust of «soulless» machine solutions. Conclusion. The study identifies both the potential benefits and risks of digital solutions for optimizing criminal sentencing under martial law. In order to improve the effectiveness and reliability of digital solutions, risks related to cybersecurity, personal data protection and resilience to disruptions under emergency conditions need to be carefully assessed. At the same time, it is important to continuously improve and adapt technologies, ensuring their flexibility to dynamically changing wartime realities.

Proceedings of the Southwest State University Series History and LawVol. 14(5)
Amur State University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Digital Transformation in Law
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