Дистанционное проведение отдельных следственных действий в России и некоторых странах ближнего зарубежья: сравнительный анализ

Abstract

The rapid advancement of digital technologies has revolutionized various aspects of contemporary society, including the field of law enforcement and criminal justice. One significant development in this regard is the utilization of video conferencing systems (VCS) for conducting investigative actions remotely. This article seeks to explore the implementation of remote investigative actions in Russia and select neighboring countries, with a focus on the legal framework, practical implications, and potential challenges. Comparative analysis encompasses an examination of the legal provisions governing remote investigative actions in Russia, the Republic of Belarus, the Republic of Kazakhstan, and the Republic of Tajikistan. Particular attention is paid to Article 189.1 of the criminal procedural legislation of the Russian Federation, which regulates the conduct of investigative actions via video conferencing. The analysis evaluates the efficacy, feasibility, and adherence to procedural safeguards in remote interrogations, face-to-face confrontations, and presentations for identification. In conclusion, the analysis underscores both the advantages and shortcomings of remote investigative actions facilitated by video conferencing systems (VCS). While such technological advancements offer opportunities for efficiency and cost-effectiveness, concerns regarding procedural fairness, privacy protection, and technological limitations persist. Accordingly, there is a pressing need for legislative refinement and procedural guidelines to ensure the effective implementation of remote investigative actions while safeguarding the rights of all parties involved. Collaboration between legal experts, law enforcement agencies, and technology developers is essential to address these challenges and optimize the utilization of digital technologies in the criminal justice system.