THEORETICAL AND LEGAL ISSUES OF VIDEO-BASED INTERROGATION IN RUSSIA AND ABROAD

Abstract

The article discusses the order of interrogation using video conference communication. The necessary technical capabilities are understood as the availability of high-quality audio and video communication. It is proposed to give preference to video recording tools integrated into video communication services. The lack of indication of subjects who can be interrogated using videoconferencing is negatively assessed. It is noted that it is inappropriate to interrogate a suspect (accused) due to the complexity of ensuring the right to qualified legal assistance and the need to conduct other procedural actions with these participants that require their personal participation. The comparative analysis with the foreign legislation of the USA, Canada, Great Britain, the Republic of Kazakhstan, the Republic of Belarus and Estonia is carried out. It is proposed that the traditional paper form of the transcript be replaced by an electronic document signed by an electronic digital signature when interrogating by video conference. The authors allow the use of publicly available video conference services for the conduct of investigative actions when interrogating a participant of criminal proceedings located outside the Russian Federation in the premises of the diplomatic mission.The impossibility of conducting an investigative action in the traditional format was named as the key condition of interrogation in remote format. In conclusion, the prospects of a new mechanism for the production of investigative actions are noted.