Особливості дистанційного кримінального провадження в умовах воєнного стану

Abstract

The article is devoted to the study of the peculiarities of remote criminal proceedings caused by the introduction of martial law on the territory of Ukraine. The importance and relevance of the issue of the use of the video conference mode in the criminal process during the war are outlined. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation, in particular, the possibility of conducting remote court proceedings at the initiative of a judge or at the request of the participants in the proceedings, its implementation using the technical means of judges, lawyers, witnesses and other subjects of the process. The relevance of establishing the possibility in connection with the objective circumstances of joining the participant in the video conference mode using other means, rather than the technical means specified by the Criminal Procedure Code of Ukraine, is substantiated. Disadvantages that are characteristic of remote criminal proceedings and give rise to certain risks of violation of the procedural form are highlighted, in particular, the lack of possibility of reliable identification of the person acting as a participant in the legal process, lack of opportunity for the accused to communicate confidentially with his lawyer, lack of clear information about the participant's awareness of his rights and obligations ties, as well as the ability to ensure the absence of outside influence, pressure on participants, impartiality and confidentiality of the judicial process. The expediency of the further use of the Custody Records system and the EasyCon communication platform in the activities of pre-trial investigation bodies, which, among other advantages, ensure a reduction of the risk of illegal influences on the participants of criminal proceedings during the conduct of procedural actions in a remote mode, is substantiated. The expediency of integrating elements of the Unified Register of Advocates of Ukraine into the "Electronic Court" subsystem, as well as the development of a mobile "eCourt" relationship, was analyzed.