INTERNATIONAL EXPERIENCE OF DISTANCE JUSTICE IN CRIMINAL PROCEEDINGS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 65)Publication Date: 2023-07-31
Authors : Klepka Daria;
Page : 38-43
Keywords : criminal proceedings; remote trial; video conference; international experience;
Abstract
Introduction. Since the beginning of the full-scale armed Russian aggression on the territory of Ukraine since February 24, 2022, more than 89 premises, which housed 85 judicial institutions, were damaged. In addition, the administration of justice is currently suspended in the temporarily occupied territories of the state to prevent threats to the lives and health of judges and participants in the court process. However, even under martial law, a person's constitutional right to judicial protection cannot be limited. Therefore, in today's conditions, conducting court proceedings in the manner of remote court proceedings is of particular importance. In this regard, the study of the international experience of conducting remote court proceedings seems relevant. The goal is to investigate the international experience of remote judicial proceedings in criminal proceedings. Materials and methods. The research materials are: 1) normative legal acts of foreign countries; 2) foreign literature, which covers the issues of remote judicial proceedings in criminal proceedings. In the process of research, the following scientific methods were used: dialectical, historical-legal, statistical, system-structural, generalization method. Turning to the historical-legal method ensured the study of the genesis of remote proceedings in the criminal process. The comparative legal method made it possible to carry out an analysis of the criminal procedural legislation of different countries regarding the implementation of a court session in a remote form. The statistical method used in the process of researching law enforcement practice, its generalization. The method of generalization came in handy when combining single facts into a single whole, formulating conclusions. Results. On the basis of the conducted analysis, the following advantages of remote court proceedings are highlighted: economic, organizational, temporal, security. It was concluded that international experience is a valuable guide in the aspect of introducing remote court proceedings in the national criminal process. It is noted that during the improvement of the normative model of national remote criminal proceedings, among other things, the international experience of its functioning should be taken into account. Prospects. In further scientific research, it is proposed to conduct a comparative analysis of the national criminal procedural legislation and the legislation of other states in the aspect of normalizing the conduct of procedural actions in the video conference mode during court proceedings.
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