VIDEO CONFERENCE AT THE COURT AS A MECHANISM FOR IMPLEMENTING THE PROTECTION OF THE SUBJECTS OF CRIMINAL PROCEEDINGS

Abstract

The article examines the issue of conducting a video conference at a court hearing as a mechanism for the protection of subjects of criminal proceedings. It is noted that the use of remote proceedings for the implementation of procedural actions can be attributed to security measures with a limited period of validity (short-term). In Ukrainian law enforcement practice, this measure is not used systematically and is not in great demand among judicial authorities, in contrast to developed European countries, especially the United States of America. This measure is widely used in cases where a specific person cannot be present during any procedural action.

It was emphasized that the importance of using remote criminal proceedings is confirmed not only by modern requirements, but also by international documents and the successful experience of foreign countries. That is why it is advisable to consider the procedure for using video conferencing in the current criminal procedural legislation of Ukraine. This tool is especially relevant to ensure the safety of witnesses, which allows to avoid contact between the witness and the accused during the trial.

Attention is focused on the fact that the face-to-face communication of the participants is more "real" and informative, however, the lower expenditure of time and money when using remote proceedings makes it possible to quickly find the truth in criminal proceedings. It was determined that the lack of criminal procedural legislation is the absence of a rule regarding the use of remote proceedings with the possibility of keeping the participantʼs personal data confidential. Two approaches can be used to solve this problem.

It was concluded that in the conditions of a full-scale war in Ukraine, when the right to a fair trial cannot be fully realized, the adoption of legislative acts aimed at protecting the rights, freedoms and legitimate interests of individuals, especially in the field of criminal justice, should be properly discussed with the involvement of authoritative specialists in the relevant field, in particular with the use of video conferencing tools.