Prospects for the Use of Biometric Authentication to Establish the Identity of Participants During Trial
- Authors: Chizhov M.V.1
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Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 8 (2025)
- Pages: 41-50
- Section: Public law (state law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/362675
- DOI: https://doi.org/10.37399/issn2072-909X.2025.8.41-50
- ID: 362675
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Abstract
Using of biometric authentication technology during a court hearing makes it possible to automate the operation of identifying participants in the trial. It is not used in the activities of courts despite existence of legal regulation.
The purpose of this research was to study the organizational and legal prerequisites for the use of biometric authentication in process of identifying participants in court proceedings when considering in-person and remote trials.
To achieve the goal the following tasks were set: to determine the impact of access technologies in the personal account; determine losses during remote court hearings connected with using a unified identification and authentication system; study domestic and foreign practices of identifying personality through remote methods of participating in trial; determine the consequences of the introduction of authentication based on biometric characteristics on the development of legal science and formulate proposals for the development of legislation in connection with the introduction of biometric authentication in judicial activities.
When conducting scientific research, both empirical (observation, description, comparison) and theoretical (formalization, hypothetico-deductive) research methods, ascending from the abstract to the concrete, were used.
Conclusions from the research: the creation of a unified biometric system (UBS) administered by the state ensuring the storage, processing and use of biometric personal data made it possible to create conditions for the automated identification of participants in a court hearing using biometric characteristics, the lack of integration of court information systems and UBS acts as a barrier to the implementation of biometric authentication technology, negatively affecting the development of online justice. A proposal has been formulated for a phased transition to biometric identification in court hearings and expanding the scope of application of this technology for in-person court hearings held in the courthouse and mobile court visits. It is proposed to amend the procedural legislation to ensure the priority of the judge in making decision of identifying person in a court hearing in relation to the UBS, as well as to determine the procedure for eliminating doubts that arise when identifying an individual using the UBS.
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About the authors
Maxim V. Chizhov
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: maxim_chizhov@mail.ru
Candidate of Science (Law), Associate Professor at the Organization of Judicial and Law Enforcement Activities Department
Russian Federation, MoscowReferences
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