CONDUCTING CERTAIN INVESTIGATIVE (SEARCH) ACTIONS IN VIDEO CONFERENCE MODES: GROUNDS, ORDER, FEATURES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 45)Publication Date: 2021-11-30
Authors : Bespalko Inna; Korniienko Anhelina; Mitko Mykhailo;
Page : 75-82
Keywords : remote pre-trial investigation; criminal procedural form; videoconference;
Abstract
The situation in the world is constantly changing: dangerous diseases such as COVID-19 are emerging, digital technologies are developing, and society is becoming more open to the use of technical means in almost any area of its existence, such as law. Thus, in particular, the criminal process, namely the process of gathering evidence for the period since the entry into force of the Criminal Procedure Code of Ukraine in 2012 has undergone significant progressive changes in the use of technical means of video communication during the pre-trial investigation of investigative (search) actions, court proceedings. Relevant changes in the criminal process are generally a positive phenomenon, but require proper legal regulation, as there is a criminal procedural form, in the case of which the relevant evidence is considered inadmissible. In particular, a necessary element in the interrogation, identification of persons and things by videoconference is the need for authorized bodies to determine the existence of sufficient grounds for such actions, to implement organizational, technical and informational support of such processes. During such actions, a large number of procedural requirements are made to the persons who carry out these actions, which is further complicated by the remote mode. In addition to the experience of foreign countries, the question of the possibility of conducting other investigative actions by videoconference may soon arise, which necessitates the need to bring procedural legislation in line with such innovations. A separate point is international cooperation and conducting investigative (search) actions in different countries. To achieve this goal, legal agreements are established between the countries, which regulate such processes. However, the legislation of both countries is used, which ensures compliance with the criminal procedure.
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