The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.
This comparative study examines the issue of combating crime with criminalistic methods. It focuses on the role and significance of criminalistics in the system of substantive and criminal procedural law as a science standing at the forefront of the fight against crime. The criminals and their offenses as well as the investigation of criminal cases and judicial proceedings are the objects of the analysis. The correlation between the criminal sciences and general trends in the development of a number of European and BRICS countries (with China as an example) has been emphasized. Joint research into the most pressing problems of combating crime is believed to improve the efficiency of law enforcement activities. From this perspective, there is a need to develop a universal framework of categories and concepts which will help to create a unified forensic area in Europe and the BRICS countries.
The article analyses the features of the application of the current criminal procedural legislation in practice in the context of the new coronavirus infection (COVID-19) after recognizing it as a disease that poses a danger to others, the Decree of the Presidium of the Supreme Court of the Russian Federation of April 08, 2020 and Reviews on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection in the Russian Federation of April 21, 2020 and April 30, 2020. However, the difficulties that have arisen in law enforcement practice, also assessed in the article, indicate that criminal procedural legislation will be adjusted in the near future since the number of Decisions of the Presidium and the Plenum of the Supreme Court of the Russian Federation are not sufficient to eliminate ambiguities and contradictions in the Code of Criminal Procedure of the Russian Federation. In particular, the article reflects such key problems as the emerging system of procedural decisions at the pre-trial and trial stages in a pandemic, the possibility of considering not only criminal cases but also case materials using videoconferencing systems as well as the prevailing and optimal understanding by law enforcement agencies of the category “urgency” of such consideration. The authors pay special attention to the absence in the Code of Criminal Procedure of the Russian Federation of the concepts introduced by paragraph “m” Art. 7 of the Constitution of the Russian Federation such as “information technologies” and “digital data turnover”. The results of the study make it possible to formulate proposals for improving criminal procedural regulation in terms of the described problems.
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