PRODUCTION OF REMOTE INVESTIGATIVE ACTIONS: EXPERIENCE OF FOREIGN COUNTRIES

Abstract

The article discusses the prospects for expanding the practice of conducting remote investigative actions during pre-trial proceedings. The author analyzes the legislative structure of Article 189.1 of the Code of Criminal Procedure of the Russian Federation, notes the formulations that prevent its effective implementation. A comparative legal analysis with similar provisions of the legislation of foreign countries is carried out, novelties of foreign legislation that can be used to improve Russian pre-trial proceedings are noted. The author proposes to simplify the procedure for conducting interrogations of participants in criminal proceedings using video conferencing, providing for the possibility of using video communication technologies in the criminal procedure legislation. The article points out the need to comply with additional procedural guarantees in this case, which may include mandatory video recording of the course of the investigative action, the possibility of recording the results of the investigative action in the form of a video file and (or) an electronic document certified with an electronic signature. The provisions of the criminal procedure legislation of the Republics of Kazakhstan, Belarus, India, Estonia, Armenia, which provide for fixing the circumstances to be proved in a criminal case not only in paper, but also in electronic form, are considered. Based on the analysis of the experience of the above-mentioned foreign countries, it is noted that the introduction of such practices in pre-trial criminal proceedings in the Russian Federation is significantly hindered by the lack of a Unified state information System providing for the possibility of storing criminal cases in electronic form, the procedure for the test introduction of such a system at the regional level is proposed.