Author

CHERNOVA S.S.

Title of article

THE PROBLEMS OF LEGISLATIVE REGULATION OF THE USE
OF VIDEOCONFERENCING IN THE CASE WHEN THE COURT
IS HEARING THE ISSUES CONNECTED WITH THE APPLICATION
OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION

Section

Section 7. Criminal рrocedural review

Issue, year

4 (42) 2017

Abstract

The legal problems of using a videoconferencing in resolving the issues of choosing and extending the term of application of the preventive measure in the form of detention are considered. Taking into account the current law enforcement practice, the author of the article analyzes the draft of the Federal law providing the possibility of using a videoconferencing in the case when the issues of detention and extending the detention are considered. It is concluded that the reasons for the
refusal of the Government of the Russian Federation to support the bill are given without taking into account the position of the current legislation and the opinions of the scientists and experts in the
field of procedural law on this issue. It is argued that the use of videoconferencing is not contrary to the constitutional principles, reflected in the Criminal Procedure Code of the Russian Federation. The
author makes the proposals for improving the criminal procedure legislation of the Russian Federation regarding the use of videoconferencing in the case when the court is considering the issues connected with choosing the preventive measure in the form of detentionand extending the term of its application.

Keywords

detention; videoconferencing; suspect; accused; court; principle of publicity of criminal proceedings.