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

https://doi.org/10.17803/2313-5395.2021.4.18.546-572

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Abstract

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



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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. https://doi.org/10.17803/2313-5395.2021.4.18.546-572

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