Peculiarities of criminal proceedings materials preservation in conditions of martial law
Taking into account the latest legislative changes to the Criminal Procedure Code of Ukraine, the theoretical and practical issues of the preservation of criminal proceedings materials in the conditions of martial law are highlighted. The judicial practice regarding the restoration of lost materials...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2022-06-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/465 |
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| author | T. H. Fomina |
| author_facet | T. H. Fomina |
| author_sort | T. H. Fomina |
| collection | DOAJ |
| description | Taking into account the latest legislative changes to the Criminal Procedure Code of Ukraine, the theoretical and practical issues of the preservation of criminal proceedings materials in the conditions of martial law are highlighted. The judicial practice regarding the restoration of lost materials of criminal proceedings has been analyzed. The study of the decisions entered into the Unified State Register of Court Decisions shows that the recovery of criminal proceedings materials is not yet a widespread practice, which is due to several factors. It is emphasized that the restoration of the materials of criminal proceedings in the future will depend on the availability of criminal proceedings material copies at the investigator’s, inquirer’s and prosecutor’s disposal, given that the legislative changes to Art. 615 of the Criminal Procedure Code of Ukraine are quite timely and appropriate.
The list of pre-trial investigation materials that must be kept by the inquirer, investigator or prosecutor in electronic form is given. A systematic analysis of the criminal procedural legislation and legal acts made it possible to conclude that the preservation of the materials of the criminal proceedings in electronic form is possible in the case of: 1) production in electronic form using a qualified electronic signature of an official; 2) creation of a pre-trial investigation using an information and telecommunications system; 3) digitization, i.e. transformation of criminal proceedings materials into electronic format. Saving the materials of criminal proceedings in electronic form by means of digitization is currently a more accessible method, given the impossibility of fully using the «eCase» information and telecommunication system at all pre-trial investigation bodies, as well as given the limitations on the volume of procedural documents that can be produced in electronic form using a qualified electronic signature. |
| format | Article |
| id | doaj-art-c18867b2f1a4482bb28a519ad1f606d2 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2022-06-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-c18867b2f1a4482bb28a519ad1f606d22025-02-02T03:53:49ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2022-06-0197225026010.32631/v.2022.2.22465Peculiarities of criminal proceedings materials preservation in conditions of martial lawT. H. Fomina0Kharkiv National University of Internal AffairsTaking into account the latest legislative changes to the Criminal Procedure Code of Ukraine, the theoretical and practical issues of the preservation of criminal proceedings materials in the conditions of martial law are highlighted. The judicial practice regarding the restoration of lost materials of criminal proceedings has been analyzed. The study of the decisions entered into the Unified State Register of Court Decisions shows that the recovery of criminal proceedings materials is not yet a widespread practice, which is due to several factors. It is emphasized that the restoration of the materials of criminal proceedings in the future will depend on the availability of criminal proceedings material copies at the investigator’s, inquirer’s and prosecutor’s disposal, given that the legislative changes to Art. 615 of the Criminal Procedure Code of Ukraine are quite timely and appropriate. The list of pre-trial investigation materials that must be kept by the inquirer, investigator or prosecutor in electronic form is given. A systematic analysis of the criminal procedural legislation and legal acts made it possible to conclude that the preservation of the materials of the criminal proceedings in electronic form is possible in the case of: 1) production in electronic form using a qualified electronic signature of an official; 2) creation of a pre-trial investigation using an information and telecommunications system; 3) digitization, i.e. transformation of criminal proceedings materials into electronic format. Saving the materials of criminal proceedings in electronic form by means of digitization is currently a more accessible method, given the impossibility of fully using the «eCase» information and telecommunication system at all pre-trial investigation bodies, as well as given the limitations on the volume of procedural documents that can be produced in electronic form using a qualified electronic signature.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/465criminal procedure code of ukrainecriminal proceedings under martial lawrecovery of lost criminal proceedings materialspreservation of criminal proceedings materialsqualified electronic signatureinformation and telecommunication system of pre-trial investigation. |
| spellingShingle | T. H. Fomina Peculiarities of criminal proceedings materials preservation in conditions of martial law Bulletin of Kharkiv National University of Internal Affairs criminal procedure code of ukraine criminal proceedings under martial law recovery of lost criminal proceedings materials preservation of criminal proceedings materials qualified electronic signature information and telecommunication system of pre-trial investigation. |
| title | Peculiarities of criminal proceedings materials preservation in conditions of martial law |
| title_full | Peculiarities of criminal proceedings materials preservation in conditions of martial law |
| title_fullStr | Peculiarities of criminal proceedings materials preservation in conditions of martial law |
| title_full_unstemmed | Peculiarities of criminal proceedings materials preservation in conditions of martial law |
| title_short | Peculiarities of criminal proceedings materials preservation in conditions of martial law |
| title_sort | peculiarities of criminal proceedings materials preservation in conditions of martial law |
| topic | criminal procedure code of ukraine criminal proceedings under martial law recovery of lost criminal proceedings materials preservation of criminal proceedings materials qualified electronic signature information and telecommunication system of pre-trial investigation. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/465 |
| work_keys_str_mv | AT thfomina peculiaritiesofcriminalproceedingsmaterialspreservationinconditionsofmartiallaw |