The Digital Transformation of the Institution of Confrontation: Legislative Gaps and Ways to Overcome Them

The purpose of the study is to develop comprehensive proposals aimed at eliminating legislative gaps in the legal regulation of remote confrontation procedures in Russian criminal proceedings by means of the application of formal legal and comparative legal methodological approaches. The paper describes the evolution of the institution of confrontation at various stages in the development of the Russian criminal justice system. Through an analysis of Article 189.1 of the Criminal Procedure Code of the Russian Federation and a review of judicial practice, the study identifies the principal problems in the legal regulation of remote confrontation procedures, including the absence of statutory regulation concerning technical failures and criteria for selecting the format of confrontation, legislative gaps regarding requirements for technical equipment, and insufficient regulation of the use of videoconferencing technology in confrontations involving persons located abroad. It is argued that these deficiencies create risks of prosecutorial bias and the subsequent exclusion of evidence as inadmissible. In order to address these legislative gaps effectively, the author examines the legislative experience of Azerbaijan, Belarus, Kazakhstan, Latvia, and Uzbekistan. The possibilities for incorporating relevant foreign regulatory approaches into the Russian legal system are also considered. The paper proposes specific measures for improving Article 189.1 of the Criminal Procedure Code of the Russian Federation, including: mandatory recording of technical failures occurring during confrontations conducted via videoconferencing technology; establishment of a statutory list of grounds for the use of a remote confrontation format, taking into account the possible initiative of the defense; regulation of minimum technical standards for equipment and communication channels used in remote confrontations; and authorization of cross-border confrontation procedures through the use of videoconferencing technology.

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