The use of information and communication technologies by the investigator in the production of investigative actions: risks and ways to overcome

Occupation: Professor of the Department of Criminal Procedure Law
Affiliation: Kutafin Moscow State Law University (MSLA)
Address: Russian Federation, Moscow

Journal name

Journal of Russian Law

Edition

Abstract

The use of information and communication technologies at the stage of preliminary investigation is a natural result of digitalization of public relations, the prospects of which are indicated by decrees of the President of the Russian Federation (No. 203 of 09.05.2017, No. 474 of 21.07.2020, etc.), resolutions and orders of the Government of the Russian Federation (No. 234 of 02.03.2019, No. 1632-r of 28.07.2017, etc.). technology in the formation of the investigator's evidence base in a criminal case is conditioned by the need to ensure a reasonable period of criminal proceedings, respect for the rights and legitimate interests of the person involved in pre-trial proceedings.

Official statistical data indicate that this has not been achieved, as a result of which it is necessary to study the theoretical and legal foundations and law enforcement aspects of the use of information and communication technologies by the investigator in the production of investigative actions.

For the indicated purposes, the authors carried out a systematic analysis of criminal procedural norms regulating the preparation by the investigator of the investigative action, the procedure for conducting an investigative action and registration of its results using digital technologies. In 2022-2023, in the Republic of Bashkortostan, Moscow, St. Petersburg, the Ryazan region and other subjects of the Russian Federation, the opinions of investigators and inquirers on the optimality of the legal mechanism for the remote production of investigative actions were studied. The legal position of the Constitutional Court of the Russian Federation, the scientific positions of representatives of the legal community on these issues are investigated.

According to the results of the study, possible risks of non-compliance with a reasonable period of pre-trial proceedings, violation of the rights and legitimate interests of a person remotely participating in the investigative action have been identified. In order to neutralize the noted risks, the necessity of improving the procedural procedure for notifying a person about an appearance to an investigator by means of communication, the legal status of an investigator executing an assignment to ensure the participation of the accused, victim, witness in an investigative action using a video conferencing system, strengthening the procedural guarantee of the right to defense, optimizing the procedural procedure for familiarizing a person with the protocol of the investigative an action performed with his participation in a remote format.

Keywords

investigator, investigative action, remote format, defender, access to justice, right to defense, reasonable time of criminal proceedings, preliminary investigation, video conferencing, digital technologies, protocol of investigative action.

Acknowledgment

own funds

Received

08.09.2023

Publication date

13.12.2023

Cite

GOST	Malysheva O. The use of information and communication technologies by the investigator in the production of investigative actions: risks and ways to overcome // Journal of Russian Law – 2023. – Articles_JRP_2023-2024 [Electronic resource]. URL: https://jrp.jes.su/S160565900027507-1-1 (circulation date: 25.08.2024). DOI: 10.12737/S160565900027507-1
MLA	Malysheva, Olga "The use of information and communication technologies by the investigator in the production of investigative actions: risks and ways to overcome." Journal of Russian Law 0 (2023) DOI: 10.12737/S160565900027507-1
APA	Malysheva O. (2023). The use of information and communication technologies by the investigator in the production of investigative actions: risks and ways to overcome. Journal of Russian Law (0) DOI: 10.12737/S160565900027507-1

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