Law Journal of the National Academy of Internal Affairs

Download article Download article
Vol. 10, No. 1, 2020
  • proof; videoconference; criminal proceed; emergency; procedural act; evidence.
  • https://doi.org/10.33270/04201901.88
  • Pages 88-94

The purpose of article is determine features of application of videoconference in criminal procedural proof in conditions of emergency in Ukraine. Methodology. Within the scientific research on this topic author uses methods of formal logic and specifically-legal methods: comparative-legal, systematic-structural, system analysis and forecasting methods. Scientific novelty is definition of features of application of videoconference in criminal procedural proof in conditions of emergency in Ukraine, distinguishing problematic issues of conducting action in a videoconference mode in conditions of emergency in Ukraine, analysis the Draft Law about amendments to section XI «Transitional provisions» to Criminal procedural Code of Ukraine about features of the judicial control over observance of rights, freedoms and interests of persons in criminal proceedings and consideration of certain issues during the proceedings for the period of quarantine established by the Cabinet of Ministers of Ukraine in order to prevent the spread of coronaviruses disease (COVID-19) and providing scientifically based suggestion for their solution. Conclusion. Features of application of videoconference in criminal procedural proof are: 1) volition the relevant subject in the intercession of participants in criminal proceedings or initiative investigator, prosecutor, investigative judge or court; 2) presence of the written consent of the person for whom the videoconference is scheduled; 3) presence of factual grounds that must be justified evidence confirming the need for procedural actions in the mode of videoconference. A number of amendments and additions to the article 232 and 336 of the current Criminal procedural Code of Ukraine were proposed to ensure the effective application of videoconference in criminal procedural proof in the conditions of emergency situation in Ukraine.

References

References in the process of publication