ВІДЕОКОНФЕРЕНЦІЯ ЯК ПРОЦЕСУАЛЬНА ФОРМА ВИКОРИСТАННЯ ІНФОРМАЦІЙНИХ ТЕХНОЛОГІЙ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ УКРАЇНИ

Abstract

The article deals with specific controversial issues concerning features of using videoconferencing in criminal proceedings in general as well as at its specific stages; also own conclusions and propositions are justified which are aimed at further development of criminal procedural legislation of Ukraine with the regard to the questions raised. The essence, meaning, advantages, current state, and perspectives of using videoconferencing in criminal proceedings of Ukraine and the area of international cooperation among the states in criminal justice are examined. The state of legal regulation of using videoconferencing in criminal proceedings is analyzed. Code of Criminal Procedure of Ukraine provides for using videoconferencing both in criminal proceedings of Ukraine and criminal proceedings with a foreign element. Based on the analysis of grounds and procedure of video-conferencing features of its usage both in criminal proceedings of Ukraine and in the area of international cooperation among the states in criminal justice are identified. Videoconferencing can be used based on the decision of an investigator, prosecutor, investigative judge, or court in each case taking into account circumstances of criminal proceedings and subject to grounds provided for by the Code of Criminal Procedure of Ukraine. Before the start of investigative (search) action or court session using video-conferencing one shall ensure that nothing prevents a person from giving testimony, making motions, providing evidence, etc. This fact is essential for the admissibility of evidence used in criminal proceedings obtained using videoconferencing. Conducting requested procedural actions by video-conferencing ensure that an accused person, a victim, and other participants have an opportunity to express themselves on the raised issues, make arguments aimed to rebut the conclusions of the opposing party, provide evidence and make motions during pre-trial investigation or trial. Specificities of conducting a questioning using videoconferencing in the area of international cooperation as well as advantages of obtaining testimony from individuals put into custody or serving a sentence in a foreign state using videoconferencing compared to traditional means are formulated. The issue of interrelation between videoconferencing and principles of criminal proceedings is examined and it is showed that using videoconferencing is fully consistent with principles of criminal proceedings. Videoconferencing is one of the procedural forms of using information technologies in criminal proceedings and is used to conduct an action, participants of which are geographically separated one from another and thus communication among them are conducted using the communication technologies that support real-time image and voice transmission.