The court record in the theory and practice of Russian criminal proceedings

The article analyzes the problems of court recording of the trial and of results of procedural acts. In modern criminal procedure legislation the court record occupies a central position among all means of fixation, because it fixes the entire trial, and also contains the evidence given by parties. Modern practice suggests the existence of several negative trends: the violation of the principle of objectivity of court recording and the abuse of law by officials. Therefore, the article describes typical court mistakes in compiling the court record. The author investigates the problems of correlation of the court record with other technical means of fixation. The author makes proposals to change the norms of article 259 of the Code of Criminal Procedure and researches the possibility to introduce common video and audio court recording. The author concludes that it is necessary to carry out a comprehensive study of the effects of the use of video in respect to the factors of some criminal proceedings.