PECULIARITIES OF USE OF OWN TECHNICAL MEANS BY PARTICIPANTS OF CRIMINAL PROCEEDINGS TO ENSURE PARTICIPATION IN COURT PROCEEDINGS

Abstract

Abstract. The relevance of the article lies in the fact that, taking into account the realities of the large-scale invasion of the Russian Federation, the launch of missile strikes on almost the entire territory of our country and the involvement of a large part of citizens in repelling armed aggression in the ranks of the Armed Forces, the issue of ensuring the personal participation in court sessions of participants in criminal proceedings has become extremely acute. primarily witnesses and victims. From the first days of the great war, the Supreme Court tried to provide recommendations on how the courts should act in such extremely difficult conditions. The purpose of the article is to outline the ways to solve the problem of remote participation in the court process of participants who, for good reasons, cannot personally come to the court premises during the legal regime of martial law, to study the current judicial practice on the specified topic and to express proposals for solving the problematic issues that arise during law enforcement practice. The proposed article highlights certain aspects of the use of own technical means by participants to criminal proceedings during remote participation in court proceedings under the martial law regime. The author analyses the current case law, examines the legal opinions of the Supreme Court, and legislative innovations on the selected topic. In particular, the author describes the Draft Law No. 8219 recently adopted by the Verkhovna Rada of Ukraine, which solves a number of problems with remote participation in court proceedings. Based on the studied case law, the author concludes that, if the trial is properly organised, remote participation of a party to criminal proceedings contributes to the observance of the reasonableness of the time limits for consideration of criminal proceedings, solves the problem of delay in court proceedings due to the parties’ failure to appear in court, and is intended to reduce the percentage of criminal proceedings not considered by the courts. The article also focuses on the amendments to the criminal procedure legislation which regulate remote participation in court proceedings via videoconference using own technical means, i.e. when a person wishing to participate in a court hearing is outside the court. The author provides the legal procedure proposed by legislators for filing a motion by a party to the proceedings for remote participation and describes the procedure for court action upon receipt of such a motion.