COMPLETE RECORDING OF COURT BY TECHNICAL MEANS: LEGAL REGULATION, CONTENT AND FUNCTIONS

Abstract

The article is devoted to the study of the principle of full fixation of the trial by technical means in the procedural legislation of Ukraine using an interdisciplinary approach. It was found that with the exception of the Code of Ukraine on Administrative Offenses, all current procedural codes of Ukraine contain provisions which establishes the obligation of means using the full recording of the trial court including those of the product of the recording – record the court hearing made by technical means. In the commercial, administrative and civil proceedings kinds trial recording can take place not only in court but also outside the court session, the Criminal Procedure Code of Ukraine stipulates that full recording of court hearings and procedural actions with the help of audio and video recording equipment is provided not only during the trial, but also in the cases provided for by this Code during the pre-trial investigation. As a result it is justified that the concept of “litigation” is much broader than the concept of “court hearing” and in the context of the constitutional principle of justice – “completeness of fixation by technical means” – to correctly use the concept of “litigation” and not “court hearing or proceedings”. With international experience analysis of the interaction principles of transparency, openness and publicity of the principle of full trial recording by technical means. It is proved that the consolidation at the level of the Constitution of Ukraine and the procedural legislation of Ukraine of the obligatory recording by technical means of the course of the court session is a necessary addition to the principle of publicity. In order to ensure the openness of the content of the court hearing to the participants of the relevant process and the general public. It is determined that further digitalization of court activities and litigation will lead to a new reading of the traditional principles of litigation. It is substantiated that the completeness of recording the trial by technical means should be ensured by all available means to fully reflect information about events that are recorded to ensure awareness of information that is important for assessment not only by the court in making court decisions but also participants and the public. It is determined that the functions of full recording of the trial by technical means are: fixing, information, technical and modernization, educational, preventive and procedural economy.