Chernichenko I. Application of Videoconference in Criminal Proceedings of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005109

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

15-10-2014

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The dissertation is a monographic research in which the notion «videoconference» is given and its classification according to various criteria are revealed. The semantic analysis of this notion is studied in order to achieve terminological unity, uniform interpretation and application; the expediency of its use in the legislation of Ukraine and academic legal literature is substantiated. The comparative legal research of the remote pre-trial investigation, distance proceedings, conducting interrogation by videoconference for the international legal assistance request are made on the basis of international and national legal regulations and practice of videoconference application in foreign countries. The difference between videoconference and investigator’s, prosecutor’s, court’s orders is determined. The author generalized the basic requirements of the European Court of Human Rights as an international court to European Union member states on the use of videoconference in criminal proceedings. The advantages and stages of implementation of videoconference in criminal procedural law of Ukraine are distinguished. The realization of the certain criminal proceedings principles during the videoconference application is observed. The financial, organizational, technical problems and problems in the application of videoconference in criminal proceedings of Ukraine are pointed out, the ways of their solution are reported and the necessity of amending the CPC of Ukraine and some other legislative acts is given in connection with the use of videoconference.

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