The possibility of using videoconferencing in the course of investigations

The article discusses the possibility of using videoconferencing during interrogation, confrontation and identification. The authors analyze the current practice of using videoconferencing by the court during the interrogation of the victim, witness and defendant. The article presents the general problems that courts face in the production of legal proceedings via videoconferencing. In particular, the authors consider the problematic aspects and conflicts of the norms of Article 189.1 of the Code of Criminal Procedure of the Russian Federation. Materials and Methods: during the study, the norms were analyzed of the Code of Criminal Procedure of the Russian Federation, Regulations on the organization of the use of videoconferencing in the preparation and conduct of court hearings, approved by order of the Judicial Department at the Supreme Court of the Russian Federation, as well as the opinions of scientists and law enforcers on the possibility of using video conferencing in the production of investigative actions at the stage of preliminary investigation. The research methods were the general dialectical method of scientific knowledge, as well as comparison, analysis, generalization and description. The Results of the study: the study has led to the conclusion that the innovation has both positive and negative aspects. Undoubtedly, the new way of investigative actions (interrogation, confrontation and identification) is aimed at reducing financial and time costs of participants of criminal proceedings. However, there are a number of unregulated issues related to the procedure of investigative actions via videoconferencing. Findings and Conclusions: the authors believe that in order to resolve some aspects, it is necessary to: amend Article 5 of the Code of Criminal Procedure of the Russian Federation, supplementing it with the definition of «videoconferencing»; in Article 189.1 of the Code of Criminal Procedure of the Russian Federation, reflect the grounds under which it is possible to conduct investigative actions via videoconferencing, determine the term for organizing such a connection for the involved party, and also regulate the procedure for using video recording. The article proposes a new procedure for signing the protocol of an investigative action conducted via videoconferencing, including the authors consider it necessary to develop the Regulations for the organization and procedure for using videoconferencing in the preparation and conduct of interrogation, confrontation and identification at the stage of preliminary investigation, to resolve all issues that may arise during the production of investigative actions via videoconferencing.