Keywords
Court proceedings
Digital technology
Criminal case in electronic form.
Videoconference.
How to Cite
Abstract
This article focuses on the issues in the implementation of digital technologies under the adversarial principle during pre-trial proceedings under the sanitary and epidemiologic restrictions imposed due to the COVID-19. We highlight the active use of digital technology during the trial stage and its detailed legal regulation stipulated in the Criminal Procedure Code of the Russian Federation, as compared with the pre-trial proceedings. We suggest possible solutions through the implementation of digital technology in pre-trial proceedings as in the trial stage. We discuss the advantages of the electronic format of criminal case files that will be beneficial for the realization of the adversarial principle in the pre-trial proceedings.
References
Government of the Kirov region. (2020). Order of the Government of the Kirov Region of March 31, 2020 No. 130-P “On amending the Order of the Kirov region of March 25, 2020 No. 122-P”. http://publication.pravo.gov.ru/Document/View/4300202003310001 (access date: September 18, 2021).
Grigoriev, A. A. (2020). Digitalization of criminal proceedings: development prospects. In B. M. Magomedov (Ed.), Actual problems of economics and law. Collection of scientific articles based on the materials of the international scientific and practical conference. In 2 parts (pp. 248-251). Rostov-on-Don: Rostov Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education "All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)" in Rostov-on-Don.
The Law Chamber of the Kirov region. (2020, April 3). Investigative actions in a pandemic. https://apkirov.fparf.ru/news/all_news/detail/75497/ (access date: March 15, 2021).
Markovicheva, E. V. (2020). Digitalization of the criminal process: Myths and reality. In V. A. Sementsov (Ed.), Judicial reform in modern Russia: Results, problems, prospects. Materials of the International scientific and practical conference dedicated to the 100th anniversary of the Kuban State University (pp. 213-217). Krasnodar: Kuban State University.
Maslennikova, L. N. (2020). On the question of the political significance of digitalization of pre-trial proceedings in criminal proceedings. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, 3, 34-36. https://doi.org/10.24411/2073-0454-2020-10127
Meeting of judges of courts of general jurisdiction and courts of arbitration. (2021, February 9). Vladimir Putin took part by video conference in a meeting of judges of courts of general jurisdiction and arbitration courts of the Russian Federation on the results of work in 2020 and tasks for 2021. http://www.kremlin.ru/events/president/transcripts/64980 (access date: September 14, 2021).
Pobedkin, A. V. (2020). Ethical and axiological risks of the fashion for digitalization for criminal proceedings (on the fallacy of the technological approach to the criminal process. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, 3, 50-55. https://doi.org/10.24411/2073-0454-2020-10132
Presidium of the Supreme Court of the Russian Federation. (2020). Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) No. 2 on the territory of the Russian Federation" (approved by the Presidium of the Supreme Court of the Russian Federation on 30.04.2020). https://www.vsrf.ru/documents/all/28882/ (access date: September 18, 2021).
State Duma of the Federal Assembly of the Russian Federation. (2001). Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on 30 December 2021). Sobranie Zakonodatel’stva Rossiiskoi Federatsii [SZ RF] [Collection of Legislation of the RF] 24.12.2001, No. 52 (Part 1), Item 4921.
State Duma of the Federal Assembly of the Russian Federation. (2011). Federal Law of March 20, 2011 No. 39-FZ “On amending the Criminal Procedure Code of the Russian Federation”. http://www.kremlin.ru/acts/bank/32823 (access date: September 18, 2021).
State Duma of the Federal Assembly of the Russian Federation. (2016). Federal Law of June 23, 2016 No. 220-FZ “On introduction of amendments to certain legislative acts of the Russian Federation with respect to the application of electronic documents in the activities of judicial authorities”. http://www.kremlin.ru/acts/bank/40933 (access date: September 18, 2021).
Usachev, A. A. (2019). Digitalization of the initial stage of pre-trial proceedings and legal certainty of the Russian criminal process. Bulletin of the O.E. Kutafin University, 8, 100-111.
Zuev, S. V. (2018). Electronic criminal case: Pros and cons. Law and Order: History, Theory, Practice, 4(19), 6-12.
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