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: 382)

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.)

References:

  1. Anisimov A.R. (2019) Audio recording of the court sitting. Teoreticheskie aspekty yurisprudentsii i voprosy pravoprimeneniya: materialy XXVIII mezhdunarodnoi nauchno-prakticheskoi konferentsii (Moscow, 01 oktyabrya 2019 g.) = Theoretical aspects of jurisprudence and enforcement issues: proceedings of the XXVIII international scientific and practical conference (Moscow, October 01, 2019). Moscow: Obshchestvo s ogranichennoi otvetstvennost’yu ”Internauka”. P. 191–196. (In Russ.)
  2. Astaf’ev A.Yu. (2014) Procedural guarantees of the effectiveness of criminal justice: theory and practice issues. Moscow: Yurlitinform. 208 p. (In Russ.)
  3. Afanas’ev S.F. (2019) Digital law in the context of electronic audio reporting in courts. Pravovaya politika i pravovaya zhizn’ = Legal policy and legal life. No. 3. P. 154–156. (In Russ.)
  4. Baev O.Ya., Baev M.O. (2008) The record of the court session as a mirror of the administration of justice in a criminal case (on the need to improve Article 259 of the Code of Criminal Procedure of the Russian Federation). Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya Pravo = Bulletin of the Voronezh State University. Series Law. No. 2. P. 247. (In Russ.)
  5. Borisova A.V. (2019) On the advisability of audio recording in criminal and civil court. Sustainable development of science and education. No. 12. P. 108–111. (In Russ.)
  6. Gareeva E.R., Yulberdina L.R. (2019) Some aspects of audio reporting of criminal proceedings. Nauchnoe mnenie. Ekonomicheskie, yuridicheskie i sotsiologicheskie nauki = The Scientific opinion. Economic, juridical and sociological sciences. No 2. P. 45–49. (In Russ.)
  7. Gordeichik S.A. (2019) Audio recording of court hearings: issues requiring clarification. Zakonnost’ = Legitimacy. No. 12 (1022). P. 55–56. (In Russ.)
  8. L’vova E.Yu., Parshutkin V.V. (2003) Unreliable protocol of the court session is not evidence. Rossiiskaya yustitsiya = Russian Justice. No. 9. P. 52–53. (In Russ.)
  9. Medvedeva M.O. (2016) Problems of audio recording implementation in courts of general jurisdiction. Pravoporyadok: istoriya, teoriya, praktika = Law and order: history, theory, practice. No. 4 (11). P. 64–66. (In Russ.)
  10. Gasparyan N.C. (2010) Protocol or failure? Novaya advokatskaya gazeta = New lawyers newspaper. No. 1. (In Russ.)
  11. Reshetnyak V.I. (2013) Application of information technology in the preparation of the minutes of the hearing. Zakony Rossii: opyt, analiz, praktika = Laws of Russia: experience, analysis, practice. No. 8. P. 51–55. (In Russ.)
  12. Starodubova G.V. (2017) The publicity of the trial as a guarantee of the reliability of the minutes of the court hearing in a criminal case. Zakonodatel’stvo = Legislation. No. 11. (In Russ.)
  13. Strazdina T.S. (2019) Audio recording of court hearing in criminal cases. Ustoichivoe razvitie nauki i obrazovaniya = Sustainable development of science and education]. No. 12. P. 158–161.). (In Russ.)
  14. Trusova O.V. (2019) Advantages and disadvantages of audio protocol and video protocol. Yuridicheskii fakt = Legal fact. No. 63. S. 12–15. (In Russ.)
  15. Sharipova A.R. (2015) Evidence in criminal and arbitration proceedings: “unforced differences”. Biblioteka kriminalista. Nauchnyi zhurnal = Forensic Sciences Library. Scientific journal. No 4. P. 180–185. (In Russ.)