Article | Judicial Proceedings in Videoconference Mode with The Use of The Own Technical Means and Service “Easycon”: Judicial Practice in Criminal Proceedings in the Context of Martial Law |
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Authors | TETIANA PODOROZHNA , KHUDYK ANDRII |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 11 / 2022 |
Pages | 148 - 161 |
Annotation | The article examines the peculiarities of videoconferences with the use of own technical means and Easycon. It is emphasized that one of the tasks of criminal proceedings is to ensure a quick, complete and impartial investigation and trial. It is stated that video conferencing during a court hearing with the participation of the parties outside the court premises by means of the participants' own technical means is not provided. The judges of the Second Judicial Chamber of the Criminal Court of Cassation of the Supreme Court have issued several rulings to leave without satisfying the petitions of the participants to participate in the case of the court in a videoconference regime outside the court premises using the Easycon system. In connection with the introduction of martial law in Ukraine, there were two approaches in the jurisprudence to consideration of petitions on the court hearing with the participation of a party of criminal proceedings in a videoconference mode using your own account in the Easycon system: 1) the implementation of court proceedings in video conferencing mode using their own technical means of the participant of court proceedings not provided for by the CPC of Ukraine, which deprives the court the opportunity to fulfill the requirements of Art. 342–345 of the CPC of Ukraine and adhere to the procedures of trial. As a consequence, courts are left without satisfaction; 2) the implementation of judicial proceedings in the videoconference mode using their own technical means of the participant of the court proceedings is fullycoordinated with the general principles of criminal proceedings, and the video conference is a procedural form of use of information technologies in court proceedings. As a result, such petitions are subject to satisfaction. The purpose of the study is to analyze theoretical provisions and practical problems of procedural actions in videoconference mode in criminal process and to distinguish certain problems of application of remote judicial proceedings. In order to achieve this goal, the article defines the following tasks: to analyze modern approaches and jurisprudence on consideration of petitions on the court hearing with the participation of the parties to criminal proceedings in videoconference mode with the use of their own technical means and Easycon; service; to investigate the possibility of justice to investigate a judge, a panel of judges from different premises, such as other courts, or using their own technical means in videoconference mode. Results of the study: the practice of remote judicial proceedings is summarized; It is emphasized that the video conferencing system is a complex of technical means and software (by reference to the official website of the judiciary of Ukraine vkz.court.gov.ua) or other means available to the courts and court participants that provide the holding of court proceeding in video conferencing mode and meet the requirements of the legislation. At the same time, at the specified link it is possible to hold a court hearing in videoconference mode using the Easycon software; It was concluded that there were problems in the issue of admissibility of justice by investigating judge, judge and panel of judges from different premises, in particular other courts, or using their own technical means in videoconference mode. The practice of considering the petitions for the implementation of the court hearing with the participation of the criminal proceedings in the videoconference mode using your own account in the Easycon system and the administration of justice to the investigating judge, the judge, the panel of judges from different premises, in particular other courts, or using their own technical means in videoconference mode should be unified by the Supreme Court or the legislator by making appropriate changes and additions to the CPC of Ukraine.
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Keywords | right to judicial protection; judicial proceedings; criminal proceedings; participants of criminal proceedings; procedural actions; videoconference; judicial practice |
References | Bibliography Journal articles 1. Hariievska M, ‘Videokonferentsiia v tsyvilnomu protsesi: problemni pytannia’ (2015) 14 Pryvatne pravo i pidpryiemnytstvo (in Ukrainian). 2. Skorobahata Yu, ‘Videokonferentsiia yak sposib vyrishennia zavdan kryminalnoho zakonu ta kryminalnoho protsesualnoho zakonodavstva’ (2020) Novitni kryminalnopravovi doslidzhennia: almanakh naukovykh prats (in Ukrainian). 3. Smyrnov M, ‘Videokonferentsiia yak protsesualna forma vykorystannia informatsiinykh tekhnolohii u kryminalnomu provadzhenni Ukrainy’ (2021) 2 Pravovyi chasopys Donbasu (in Ukrainian).
Newspaper articles 4. Sikora K, ‘VKZ u kryminalnomu protsesi i voiennyi stan – yak tse pratsiuie, problemni pytannia, chym korysna praktyka?’ (2022) Sudovo-yurydychna hazeta <https:// sud.ua/uk/news/blog/247392-vkz-u-kriminalnomu-protsesi-i-voyenniy-stan-yaktsepratsyuye-problemni-pitannya-chim-korisna-praktika> (accessed: 17.10.2022) (in Ukrainian).
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