Russian Criminal Trial in the Era of Coronavirus: Challenges of Time

Andreeva, Olga I.; Kachalova, Oksana V.

doi:10.17223/22253513/36/1

Cited by 8 publications

(8 citation statements)

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“…The issues under consideration were dwelled upon in a number of essays emphasising that the emergency measures applied in legal proceedings in the conditions of the spread of the coronavirus infection should be enforced on the principles of the rule of law, respect for human rights, legality, juridical security, and commensuration [8].…”

Section: Discussionmentioning

confidence: 99%

Formation of the trial jury in the period of the pandemic: Russian and foreign experience

et al. 2021

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The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Federation and a number of foreign countries was analysed. General logical methods were used: analysis and synthesis, induction and deduction, abstraction and progression from the abstract to the concrete, etc. The result of the research is the identification of special approaches in the Russian and foreign models of court proceedings involving the participation of the jury, reflecting the intention to adjust the procedure of trial jury formation to the pandemic period requirements: telecommuted formation of the trial jury in full or in part; replacing verbal questioning of candidates to the jury with a written questionnaire; extending the questioning of jury candidates through the inclusion of specific issues concerning the epidemiological situation. The hypothesis proposed in the publication was confirmed, in particular, relative to the Russian court proceedings with the participation of the jury.

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Section: Discussionmentioning

confidence: 99%

Formation of the trial jury in the period of the pandemic: Russian and foreign experience

et al. 2021

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“…In a number of situations, cases were considered without any participation of the accused (defendants). At the same time, the courts referred to the documents of the Federal Penitentiary Service about the impossibility of bringing the accused to court [10]. The usual regime of criminal proceedings with the legally provided procedural periods and the implementation of the necessary procedural actions turned out to be difficult.…”

Section: Proceedings Of the Research Technologies Of Pandemic Coronavmentioning

confidence: 99%

Impact and Consequences of COVID-19 on Criminal Proceedings in the Russian Federation

Dneprovskaya¹,

Каландаришвили²,

Nepomnyashchikh³

2020

Proceedings of the Research Technologies of Pandemic Coronavirus Impact (RTCOV 2020)

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In the present study, the authors draw attention to the impact and consequences of the COVID-19 pandemic on criminal proceedings. The authors consider what consequences the pandemic had on the work of the courts, the investigation officers, as well as the authorities executing the court decision on the detention of accused persons. Among the unfavourable consequences, which influenced the criminal proceedings, are the violation of the accused's right to attorney; the impossibility to provide the accused with qualified legal assistance due to the self-isolation of lawyers and quarantine measures prohibiting their entry into the pretrial detention centers; the refusal of investigation officers to postpone the investigative actions because of lawyer's default due to self-isolation; postponement of court proceedings and the extension of the term of the criminal trials and others. The authors suggest ways to solve the problem in case of recurrent situation, in particular, they propose to provide for provisions at the legislative level to regulate criminal proceedings in the conditions of pandemic, noting a multifaceted approach to solving the problem in order to balance the rights and legitimate interests of the accused and to comply with the norms of criminal procedure legislation. It is necessary to change the attitude towards the pretrial detention as a preventive measure and choose other alternative preventive measures in the context of a pandemic in order to unload the pretrial detention centers and protect the health of both the employees of the pretrial detention center and the persons detained there. Besides, it is necessary to convert criminal proceedings into electronic format and implement modern digital technologies, which allow to limit communication between participants of criminal proceedings as much as possible and provide exchange of procedural documents within the framework of electronic document circulation.

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“…Аппаратное и програм-1 Севостьянов (Sevastyanov) против Российской Федерации (жалоба № 37024/02) : постановление ЕСПЧ от 22.04.2010 [Электронный ресурс] // Доступ из справ.-правовой системы «КонсультантПлюс» (дата обращения: 10.12.2021). 2 Guidelines on videoconferencing in judicial proceedings Document adopted by the CEPEJ at its 36 th plenary meeting (16 and 17 June 2021) [Электронный ресурс]. URL: https://rm.coe.int/cepej-2021-4-guidelines-videoconference-en/1680a2c2f4 (дата обращения: 10.12.2021).…”

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“…В 2021 г. в Белгородской области запустили пилотный проект: три участка мировых судей с помощью технологии искусственного интеллекта будут готовить судебные приказы при взыскании с граждан имущественного, транспортного и земельного налогов. Данная технология должна помочь заявителям при подготовке документов и проверке необходимых реквизитов, но при этом решение о вынесении судебного приказа остается прерогативой судьи 2 .…”

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European Standards for the Use of Information Technologies in Judicial Proceedings in the Face of Modern Challenges and Threats

Kachalova¹

2022

RLS

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Abstract. The most important problems in the use of information technologies in modern judicial proceedings are the establishment of a reasonable balance between the application of information technologies and traditional forms and methods of justice, respect for individual rights and freedoms in the use of modern technologies in the judicial resolution of legal conflicts. Purpose: to define international legal standards for the use of information technologies in modern conditions. Methods: the author applies such methods as dialectical, formal logical, structural-system analysis and synthesis. The results of the study make it possible to determine the main principles for the use of modern technologies in judicial proceedings: respect for human rights and the rule of law, access to justice, security. The basis for the legal regulation of the use of modern information technologies is a unified approach, independent of the specificities of national legal systems, necessary to overcome the challenges of rapid technological development that allows finding common practical solutions related to the digitalization of justice. The ideological basis for regulating the use of digital tools and high technology in justice is an anthropocentric approach, according to which the human being, his rights and freedoms are at the center of judicial activity. Such an approach will preserve and guarantee human rights in the face of modern technological challenges.

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Russian Criminal Trial in the Era of Coronavirus: Challenges of Time

Cited by 8 publications

References 0 publications

Formation of the trial jury in the period of the pandemic: Russian and foreign experience

Formation of the trial jury in the period of the pandemic: Russian and foreign experience

Impact and Consequences of COVID-19 on Criminal Proceedings in the Russian Federation

European Standards for the Use of Information Technologies in Judicial Proceedings in the Face of Modern Challenges and Threats

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