OBTAINING INFORMATION ABOUT CONNECTIONS BETWEEN SUBSCRIBERS AND (OR) SUBSCRIBER DEVICES IN THE SYSTEM OF JUDICIAL ACTIONS

The article analyzes the existing system of judicial actions, as well as obtaining and applying information about connections between subscribers in the judicial stages of criminal proceedings on the basis of research of scientific works of procedural scientists on this issue, as well as judicial practice. Lagging behind the system of legal norms from the rapidly developing information and telecommunications sector requires changes to the current legislation, including criminal procedure. The significance of information about connections between subscribers and (or) subscriber devices for establishing the circumstances of the case, for confirming or refuting both accusatory and exculpatory evidence was noted. According to the current Code of Criminal Procedure of the Russian Federation, information about subscriber connections can be requested by a court from the relevant communication organization on the basis of a request from the parties or on the initiative of the court. Having studied the existing practice of obtaining information about connections between subscribers and (or) subscriber connections in the judicial stages, the author comes to the conclusion that it is advisable to expand the list of investigative judicial actions to include obtaining information about subscriber connections, despite the criticism of such ideas by a number of authors. However, when studying and disclosing documents provided by Telecom operators, it is necessary to ensure respect for the human right to secrecy of telephone conversations and correspondence, which can be facilitated by the court’s decision to consider a criminal case in a closed court session when examining documents containing information about subscriber connections.

procedural actions, system of judicial actions, investigative judicial actions, information about connections, petition, evidence, communication surveillance, legal proceedings, expansion of the list of judicial actions, secrecy of telephone conversations.

Bagavieva E. A. Obtaining information about connections between subscribers and (or) subscriber devices in the system of judicial actions. Business. Education. Law, 2020, no. 4, pp. 338–342. DOI: 10.25683/VOLBI.2020.53.421.