Ways to Improve Legal Regulation of the Qualified Legal Assistance Provision to Participants in Criminal Proceedings in the Context of Digital Technologies Development

Abstract

The paper analyzes the problems that arise when providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies. These include the lack of legal regulation for filing complaints, petitions and statements by a lawyer in electronic form at the stage of pre-trial proceedings; the need to strengthen procedural guarantees for obtaining legal assistance by participants in criminal proceedings in connection with the introduction into the criminal procedure law of a rule of law regulating the features of interrogation, confrontation and identification through the use of videoconferencing systems. The author reveals legal uncertainty as to the location of the lawyer of the participant in investigative activities when they are carried out via video conferencing; the difficulties arising when studying the investigation report and making a copy thereof, as well as the feasibility of introducing electronic document management into the criminal procedure at the stage of pre-trial proceedings. The problems of a material and technical nature associated with the introduction of digital technologies in the criminal process are considered. The author substantiates the conclusions about the need to change and supplement the criminal procedure law in order to eliminate the identified problems, gives ways to improve legislation in the field of providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies.