Current Issues in the Application of Digital Technologies in Communication with the Court in Criminal Proceedings

The paper examines the current issues related to the application of digital technologies for remote communication in criminal proceedings, with a particular focus on video conferencing (VC). It analyzes the Russian model of regulatory framework that, despite its compliance with international standards, lacks systemic coherence. The paper highlights the lack of a unified list of judicial procedures where the use of VC is permissible, creating gaps in the regulation of certain judicial review procedures (Article 125 of the Criminal Procedure Code of the Russian Federation). The novelty of this research lies in the application of factor analysis to elucidate the legal essence and pace of telecommunications technologies’ integration into criminal proceedings, as well as to identify specific characteristics of the national regulatory model governing these relations. Additionally, the paper introduces updated provisions from foreign legislation and Russian jurisprudence into the scholarly discourse. Key findings criticize the broad discretion afforded to courts in addressing issues of remote participation for defendants, particularly those belonging to vulnerable categories (minors, individuals with mental health conditions), and the absence of detailed guarantees for victims and witnesses. The author emphasizes the necessity for clarifications from the Supreme Court of the Russian Federation to unify judicial practices. The practical significance of this work lies in the identification of technical and legal challenges, such as insufficient reasoning in judicial decisions regarding the use of VC, as well as the risks of information distortion due to technical limitations and failures. The author proposes measures to enhance regulation, including introduction of uniform procedural guarantees and clarification of confidentiality measures for participants in the process.

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