ON THE ISSUE OF PARTICIPATION OF PARTIES AND OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS DURING THE COURT HEARING VIA VIDEOCONFERENCE, IN PARTICULAR USING PERSONAL TECHNICAL MEANS DURING MARTIAL LAW IN UKRAINE

The article is dedicated to examining the grounds and procedure for the participation of parties and other participants in criminal proceedings during court hearings via videoconference, particularly with the use of personal technical devices during the period of martial law in Ukraine.It outlines international standards for ensuring the participation of parties and other participants in criminal proceedings during court hearings via videoconference, based on the legal positions of the European Court of Human Rights and the Guidelines on Videoconferencing in Judicial Proceedings, adopted by the European Commission for the Efficiency of Justice (CEPEJ) at its 36th plenary meeting (June 16-17, 2021).Attention is drawn to the fact that all guarantees of a fair trial provided by the Convention for the Protection of Human Rights and Fundamental Freedoms apply to remote hearings in all types of judicial proceedings.The key elements include the right to effective access to a court, fairness of the proceedings, adversarial nature of the process, equality of arms, proper handling of evidence, adequate time to prepare and access materials, the court's decision within a reasonable time, data protection, and risk management.It is emphasized that it is the court that must decide, within the framework of applicable law, whether a hearing should be held remotely to ensure overall fairness of the proceedings.The court must also ensure the party's right to effective legal assistance during all stages of the judicial process, including the confidentiality of communication with their lawyer.The article also analyzes judicial practice of local and appellate courts, as well as the Criminal Cassation Court of the Supreme Court, regarding the grounds and procedure for the participation of parties and other participants in criminal proceedings during court hearings via videoconference, particularly with the use of personal technical devices during the period of martial law in Ukraine.