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PROBLEMS OF PARTICIPATION OF BLIND AND VISUALLY IMPAIRED PERSONS IN CRIMINAL PROCEEDINGS

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PDF: Author(s): Kurbatova S. M.,
Number of journal: 2(51) Date: May 2020
Annotation:

The article examines the problems of participation of blind and visually impaired persons as participants of criminal proceedings. It is noted that the absence of relevant legal norms in the current Russian criminal procedure legislation that would take into account the characteristics of these individuals violates a number of legal principles and makes it difficult, if not impossible, to exercise some of their rights as participants in criminal proceedings. It is stated that this does not correspond to the current concept of the rights of people with disabilities, which include blind and visually impaired persons, which is reflected in the norms of modern international law. The conclusion is made that it is necessary to equalize the legal status of such categories of participants in Russian criminal procedure proceedings by providing additional procedural guarantees for them by law. It is proposed to establish procedural legal guarantees for participants in criminal proceedings from among blind and visually impaired persons based on the use of existing information and other technologies. Attention is drawn to the necessity of considering the existence of such a category of criminal trial participants in developing projects on digitization of criminal proceedings, given the General trend of modern policy of the Russian state of the digitization of various areas of life, including spheres of justice. Using the achievements of modern technology and technologies, as well as other procedural guarantees in criminal proceedings, will help to ensure equality of persons with serious vision problems in the process of law enforcement of criminal procedure. A necessary condition for this is the existence of relevant legal norms in the Russian criminal procedure legislation.

Keywords:

criminal proceedings, participants in criminal proceedings, blind and visually impaired persons, limited cognitive abilities, legal status, guarantees of legal status, international law, human rights, criminal procedure legislation.

For citation:

Kurbatova S. M. Problems of participation of blind and visually impaired persons in criminal proceedings. Business. Education. Law, 2020, no. 2, pp. 236–241. DOI: 10.25683/VOLBI.2020.51.228.