Experience application of arbitration procedure model of record keeping to provisions of criminal procedure law

Volume 5, Number 2, 2020, P. 211–218

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 197 KB, downloads: 387)

Abstract:

On October 1, 2019, the court record-keeping amendments were introduced into Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the RF), according to which audio recording was brought into in criminal proceedings. This transformation of the classical concept of procedural fixation was natural after many years of discussion about the objectivity and transparency of procedural fixation. Audio recording using technical means, on the one hand, helps to solve the problem of court record objectivity and preservation of the written form of the document, but, on the other hand, opens up new problems. To solve some of them, the author analyzes the audio protocol norms in the arbitral procedure. The article also examines the problems of legal regulation of the court record in the Criminal Procedure Code of the Russian Federation. The main ones are the following: the correlation of legal efficacy of a written court record and audio record; correlation of the audio record carried out by the court and audio record kept by a trial participant; if they contradict each other, the need for a clearer mechanism for using an audio record to decide whether its absence in the case file is a good and sufficient reason for reversal of a court ruling. Questions remain as to what the court of higher instance should do if there is no audio court record or it is incomplete or of poor quality.

Keywords:

court record, audio record, court, criminal proceedings, audio recording, arbitral procedure

Author:

Lira R. Yulberdina, Senior Lecturer, Department of Civil Law and Procedure, Sterlitamak branch of Bashkir State University, Sterlitamak, Republic of Bashkortostan, Russia

For citation:

Yulberdina L.R. (2020) Experience Application of Arbitration Procedure Model of Record Keeping to Provisions of Criminal Procedure Law. Sotsial’naya kompetentnost’ = Social Competence. Vol. 5. No. 2. P. 211–218. (In Russ.)

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