The dissertation is devoted to the research of the application of the
videoconferencing mode in criminal proceedings. Based on the provisions of the
general theory of criminal procedural law and criminology, the results of
generalization and analysis of forensic practice developed theoretical provisions
and practical recommendations for the use of videoconferencing in criminal
proceedings, as well as scientifically sound proposals to improve legislation on
videoconferencing. The paper considers the concept of technical means and
technologies during the application of videoconferencing in criminal proceedings.
It is proposed to define a generalized definition of "technical means in criminal
proceedings", which should be understood as a set of technical devices, devices,
devices used in procedural actions and procedural decisions, which detect, record
and remove data, phenomena and events, having probative value for criminal
proceedings. The classification of scientific and technical means, the history of
their development and implementation are analyzed. Supported position that 1)
scientific and technical means are used at all stages of detection and investigation
of criminal offenses and play a crucial role in the search, detection, recording of
forensic information and in the areas of expert research; 2) there is no clear
definition and systematization of scientific and technical support of law
enforcement activities; 3) it is impossible to provide in the law an exhaustive list of
all admissible for proving scientific and technical means because of their
continuous updating.
The study identified a number of reasons that affect the effectiveness of the
use of scientific and technical achievements in the activities of law enforcement
agencies: the lack of proper attention to the modernization of services and units of
law enforcement agencies by technical means; insufficient funding in this area;
lack of specialists in the law enforcement system; problematic use of new
technologies; distrust of new technologies in law enforcement agencies; weak
regulatory framework and lack of a systematic approach to innovative
modernization of law enforcement agencies; the use of proprietary software, which
in turn leads to unjustified spending of budget funds, creates problems in
optimizing or expanding functionality, confuses and ambiguous interpretation of
the right to use in terms of licensed cleanliness of existing software, as well as the
problem of combating viral activity in the category of priorities ; significant cost of
funds for the use of modern technologies (electronic databases, software, optical
communication channels, satellite communication channels). The reason for this is
that all modern systems belong to commercial organizations, which independently
set prices for their purchase, lease and maintenance. It is argued that information
technology used in the use of videoconferencing in criminal proceedings should be
understood as a set of means, techniques and methods of obtaining, processing and
transmitting primary information at a distance in real time to obtain evidence to
establish the circumstances of a criminal offense.
In this regard, the expediency of normative and legal consolidation of the
use of the term "information technology" in conducting procedural actions in
remote criminal proceedings has been proved. The doctrinal concepts and essence
of the videoconferencing regime in criminal proceedings have been studied, on the
basis of which it has been determined that the videoconferencing regime is a
telecommunication information technology provided by the Criminal Procedure
Code of Ukraine for interrogation and identification of persons or things during
pre-trial investigation. States when broadcasting from another premises in real time
through audiovisual interaction using technical means and information technology,
which should ensure the proper quality of image and sound, compliance with the
principle of publicity and openness of court proceedings, as well as information
security. The grounds for conducting investigative (search) and procedural actions
in the mode of videoconference in criminal proceedings are analyzed and the
imperfection of the current legislation in determining the procedural range of
persons taking part in it is revealed.
