Kutafin Law Review

Advanced search

Modern Technologies as Compensatory Means of Ensuring the Rights of Vulnerable Persons in Criminal Proceedings

Full Text:


This article presents theoretical and practical aspects of the use of modern technologies to promote the rights of persons with disabilities as participants in criminal proceedings. In this context, modern technologies are considered as means of compensatory nature. These technologies help persons with disabilities to become active participants in criminal procedural legal relations and independently exercise their rights and perform duties in the field of criminal proceedings. Through the use of modern technologies, persons with disabilities can level their position in relation to other participants in criminal proceedings who are active subjects of criminal procedural legal relations, and can independently exercise their rights and perform their duties. This is part of the compensatory approach that should be implemented in criminal proceedings in order to compensate persons with disabilities for the restrictions that they have due to circumstances beyond their control. The social vulnerability of individual members of society should be compensated by the state in the person of the legislator and further implemented by state bodies such as law enforcement officers. This is the essence of the compensatory approach. One can note the importance of this approach for observing human rights and building the rule of law and a welfare state in countries that view themselves as democratic. This is also important for improving the quality of international legal acts that introduce a standard for all States, members of the world community. In this connection, it is proposed to develop at the international level the direction of using the achievements of modern science and technology as means of compensatory nature, to equalize the legal status of persons with disabilities participating in criminal proceedings. As a general conclusion, a proposal is made to extend the compensatory approach not only to the field of criminal procedure, but also to the entire legal sphere, both in the norms of international law and national legislation.

About the Authors

S. M. Kurbatova
Krasnoyarsk State Agrarian University
Russian Federation

Svetlana M. Kurbatova, Cand. Sci. (Law), Associate Professor

90 ulitsa Mira, Krasnoyarsk 660049

L. Yu. Aisner
Krasnoyarsk State Agrarian University
Russian Federation

Larisa Yu. Aisner, Cand. Sci. (Cultural Studies), Associate Professor

90 ulitsa Mira, Krasnoyarsk 660049


1. Alisievich, E.S., (2012). Promotion and protection of the rights of vulnerable groups in international law. Moscow: The Peoples’ Friendship University of Russia (In Russ.).

2. Al-Jaleeli, Y.A., (2019). Providing entertainment for people with visual disabilities on civil aviation using (Braille-Barcode-Listening) BBL. Academic Journal of Interdisciplinary Studies. V. 8. (4), pp. 72-77, doi: 10.36941/ajis-2019-0039.

3. Andreeva, O.S. and Bochkova, V.A., (2020). Dynamics of indicators of needs for technical means of rehabilitation for disabled people from among the adult population of the Russian Federation. Medical and social problems of disability, 2, pp. 82–88 (In Russ., abstract in Eng.).

4. Barinova, G.V., (2015). Disability as a social phenomenon of modern Russian society (socio-philosophical analysis): Abstract of the Dr. Sci. (Philosophy) Dissertaion. Moscow.

5. Bertovsky, L.V., (2021). Legal regulation of criminal proceedings against minors as an element of criminal law and criminal procedure policy. Criminal policy in the field of ensuring the rights and legitimate interests of participants in criminal proceedings and the use of modern technologies: materials of All Russia (national) scientific and practical conference. Krasnoyarsk: Krasnoyarsk State Agrarian University, pp. 9–15.

6. Bertovsky, L.V. and Devyatkin, G.S., (2019). Prospects for the use of blockchain technology in criminal court proceedings. In: Activity of law enforcement agencies in modern conditions. Collection of materials of the international scientific and practical conference. Irkutsk, pp. 116–118.

7. Brezhneva, A.D., (2017). The industry of computer games in the world economy. In: Innovative scientific research: theory, methodology, practice. Collection of articles of the VIII International Scientific and Practical Conference. Penza, pp. 129–133.

8. Davletov, A.A. and Azarenok, N.V., (2013). Purpose, purpose and tasks of criminal proceedings. News of higher educational institutions. Law studies, 1 (306), pp. 124–134.

9. Dokhoyan, A.M. and Maslova, I.A., (2020). Assistive technologies in inclusive education. Moscow: IPR Media.

10. Gudjonsson, G.H., et al., (2000). Assessing the capacity of people with intellectual disabilities to be witnesses in court. Psychological Medicine, 30(2), pp. 307–314, doi: 10.1017/S003329179900149X.

11. Ivanova, G.E., (2016). Medical rehabilitation in Russia. Prospects of development. Consillium Medicum, 18 (2.1), pp. 9–13.

12. Jones, M., et al., (2020). The digital health revolution and people with disabilities: perspective from the United States. International Journal of Environmental Research and Public Health, 17 (2), p. 381, doi: 10.3390/ijerph17020381.

13. Kachalov, V.I., (2017). Proceeding on the use of compulsory medical measures appointed by the court: issues of improvement. Russian justice, 4 (132), pp. 95–100.

14. Kachalova, O.V., (2019). Can the health status of the accused affect the possibility of considering the case in a special order. Criminal process, 2 (170), p. 11.

15. Karpov, A.A., (2013). Assistive information technologies based on audiovisual speech interfaces. Proceedings of SPIIRAN, Issue 4 (27).

16. Kbar, G., et al., (2017). Unified interface for people with disabilities (UI-PWD) at smart city (design and implementation). In: Information Innovation Technology in Smart Cities, pp. 3–20, doi: 10.1007/978-981-10-1741-4_1.

17. Kurbatova, S.M., (2019). Formation of a cognitive approach to understanding a person with disabilities at the international legal level and its impact on national law (on the example of Russian criminal procedural legislation). Issues of Russian and International Law, 9 (8-1).

18. Kurbatova, S.M., (2020). On the problems of participation of blind and visually impaired persons in criminal proceedings. Business. Education. Law, 2 (51), pp. 236–241.

19. Kurbatova, S.M., (2021a). Modern technologies as a means of realizing the rights and legitimate interests of participants in legal proceedings with limited opportunities. Military-legal and humanitarian sciences of Siberia, 2 (8), pp. 106–111.

20. Kurbatova, S.M., (2021b). Theoretical foundations of the criminal procedural status of persons with disabilities: problems of theory and practice. Krasnoyarsk: Krasnoyarsk State Agrarian University (In Russ).

21. Kurbatova, S.M., Aisner, L.Yu., and Naumkina, V.V., (2020). Accessible environment as a means of ensuring the rights of persons with disabilities and as a task of the modern social state. In: IOP Conference Series: Materials Science and Engineering. The conference proceedings ICCATS-2020. South Ural State University (national research university), Irkutsk National Research Technical University, Ural Federal University named after the first President of Russia B.N. Yeltsin, 032074, doi: 10.1088/1757-899X/962/3/032074.

22. Lewis, O., (2002). Protecting the rights of people with mental disabilities: the European convention on human rights. European Journal of Health Law, 9(4), pp. 293–320, doi: 10.1163/157180902100387044.

23. Litvinova, E.S., (2011). Goals and essence of proof in the light of the question of the appointment of criminal proceedings. Problems of Law, 5 (31), pp. 201–204.

24. Maksimenko, Zh.A., et al., (2016). Technologies of virtual reality as a tool to create constructive behavioral scenarios in people with disabilities. Recent Trends in Science and Technology Management, 2, pp. 166–175.

25. Marzec, D. and Stefaniak, R., (2017). Providing equal opportunities for people with disabilities as a contemporary challenge. In: 4th International multidisciplinary scientific conference on social sciences and arts (SGEM). Conference proceedings. Sofia, pp. 463–470, doi: 10.5593/sgemsocial2017/34/S13.060.

26. Mikrina, V.G., (2019). International legal mechanisms for the protection of labor rights of the most vulnerable groups of the population: dissertation of the candidate of legal sciences. Moscow: Moscow State Institute of International Relations, pp. 12–13.

27. Nagornaya, L.A., (2021). Socialization of people with disabilities in the modern Russian society. In: European Proceedings of Social and Behavioural Sciences EpSBS, pp. 1138–1147, doi: 10.15405/epsbs.2021.05.152.

28. Nesmeyanova, S.E. and Kalinina, E.G., (2017). The concept of vulnerability of individual groups of persons: international and national experience. Russian Law: Education, Practice, Science, 4, pp. 7–12.

29. Nikolyuk, V.V. and Kalnitsky, V.V., (1990). Criminal procedural activity on the use of compulsory medical measures. Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia.

30. Oxley, T.J., et al. (2020). Motor neuroprosthesis implanted with neurointerventional surgery improves capacity for activities of daily living tasks in severe paralysis: first in-human experience [online], doi: 10.1136/neurintsurg-2020-016862. Available at: [Accessed 25.07.2021].

31. Parmar, H., Nutter, B., Long, R., Antani, S., and Mitra, S., (2020). Spatiotemporal feature extraction and classification of Alzheimer’s disease using deep learning 3D-CNN for fMRI data. Journal of Medical Imaging, 7 (05), doi: 10.1117/1.JMI.7.5.056001.

32. Plotnikova, A.M., (2019). Names of socially unprotected groups of persons in the legal space and beyond. Izvestiya UrFU. Ser. 2. Humanities. Vol. 21, 4 (193), pp. 209–218.

33. Polutin, S.V., Nikishin, M.B., Zakhryapin, A.V., and Mukhametzyanova, A.R., (2005). Application of network and virtual technologies in solving problems of rehabilitation and distance education of people with disabilities. Integration of education, 1/2, pp. 97–101.

34. Poveda Zavala, S., et al. (2019). Brain computer interface application for people with movement disabilities. Lecture Notes in Computer Science. Т. 11354 LNCS, pp. 35–47, doi: 10.1007/978-3-030-15127-0_4.

35. Puzin, S.N., Gridin, L.A., and Dmitrieva, N.V., (2017). To the history of medical rehabilitation in Russia. History of medicine. Vol. 4, 2, pp. 125–135.

36. Ryazantsev, V.M., Lazareva, O.V., and Volkova, Yu.V., (2020). Changes in providing disabled people with technical means of rehabilitation. In: Collection of materials of the scientific and practical conference on topical problems of medical and social expertise. Moscow, pp. 27–29.

37. Schmetzke, A., (2002). Accessibility of web-based information resources for people with disabilities. Library Hi Tech. 21 (2), pp. 135–136.

38. Sedykh, I.A., (2020). The industry of computer games. Higher School of Economics, Development Center. Moscow.

39. Shabalina, O., et al., (2018). A mobile game for training shopping skills for people with intellectual disabilities. In: Proceedings of the 12th European Conference on Game-Based Learning, ECGBL 2018. ISBN (Electronic) 9781911218999. Pp. 565–573.

40. Shatalov, A.S., (2014). Ensuring the rights and legitimate interests of minors in criminal proceedings. Bulletin of the Institute: crime, punishment, correction, 2 (26), pp. 41–45.

41. Shatalov, A.S., (2020). The use of modern information technologies in criminal proceedings in a criminal case. In: Criminal proceeding of Russia: problems and prospects of development. Collection of materials of the All-Russian scientific and practical Conference. Moscow: Inter-municipal Department of the Ministry of Internal Affairs of the Russian Federation, pp. 239–244.

42. Shatalov, A.S., (2021). On the need to allocate persons with disabilities to a separate group of participants in criminal proceedings. In: Ensuring the rights of participants in criminal proceedings with disabilities: a compensatory approach. Materials of the International Scientific and Practical Conference. Krasnoyarsk: Publishing House of the Krasnoyarsk State Agrarian University, pp. 200–207.

43. Sinkovskaya, I.G., et al. (2020). Vitality as an indicator of the life quality of people with disabilities. In: European Proceedings of Social and Behavioural Sciences EpSBS. Krasnoyarsk Science and Technology City Hall. Krasnoyarsk, pp. 809–817, doi: 10.15405/epsbs.2020.10.03.95.

44. Vorotnikova, Yu.S., Gavrilov, K.A., Drobysheva, E.E., et al., in Chernov, S.S., (2010). Humanitarian problems of modernity: man and society. Novosibirsk: Center for the Development of Scientific Cooperation, book 13.

45. Voskobitova, L.A., (2019). Fundamentals of criminal justice and digitalization. In: The Russian legal system in the conditions of the Fourth Industrial Revolution: materials of the VI Moscow Legal Forum of the XVI International Scientific and Practical Conference. Moscow: Prospekt, pp. 75–86.

46. Zelenina, O.A., (2010). The essence of the category “participant of criminal proceedings” in the science of criminal procedural law. Society and law, 4 (31), pp. 238–245.


For citation:

Kurbatova S.M., Aisner L.Yu. Modern Technologies as Compensatory Means of Ensuring the Rights of Vulnerable Persons in Criminal Proceedings. Kutafin Law Review. 2021;8(4):546-572.

Views: 38

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.

ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)