ANTI-PATTERNS IN CRIMINAL PROCEEDINGS: FORMS OF FIXATION IN CRIMINAL PROCEEDINGS

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УДК 343.1

ORCID: 0000-0002-4815-2164

ORCID: 0000-0003-3789-7408

DOI 10.37566/2707-6849-2021-3(36)-8

Oleksandr HARSKYI,

Judge, the Malynovsky District

court of Odessa

Svitlana DIDYK ,

managing partner of the lawyer

association «Vi. Ai. Gee. Legal »

Anti-patterns in criminal proceedings: forms of fixation in criminal proceedings

The form of the evidentiary process also determines the form of administration of justice. The question of which was investigated in the article is a usual aspiration to improve the process of proving, thanks to the change of the procedural form of fixation in criminal proceedings. So far, the main means of fixing the course and results of a procedural action is a protocol. Even if the legislator necessarily provides video recording as an alternative form of fixation (for example, during the search), the protocol remains the main means of documenting the procedural actions of the body of pre-trial investigation. In the article the author tries to show the dependence of criminal procedural activity of subjects of proving and the court from the protocol, the influence of this means to the modern process of proving and makes a conclusion that the mentioned «pattern» is a bad decision in law-enforcement activity, that is antipattern. In addition, the evolution of the protocol as a form of fixation in criminal cases (pre-revolutionary period and the Soviet time), as well as a certain comparison of the existing procedural legislation of Ukraine and Western European countries in terms of forms of fixation in criminal proceedings and the impact of such forms on the process of proving is studied in a certain way. With the development of technology, as well as with the existing modern digital technology, including in the daily life of every person, it would be obvious to change this form of recording of criminal proceedings to audio-video recording. In addition to the effectiveness of such a means, the saving of procedural time of the preliminary investigation and the court should be taken into account. As for the issue of informativeness and preservation of information for the future, the advantages in such a form are obvious. Behind the antipattern there is always a place for a pattern, which, due to reasonable patterns, will be able to provide the state policy in the field of criminal prosecution with effective forms of means of proof.

Keywords: criminal procedure, criminal procedure, criminal procedural activity, forms of proof, anti-pattern.

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