THE ISSUE OF WITNESS IMMUNITY IN RUSSIAN CRIMINAL PROCEEDINGS

Abstract

The criminal procedure law contains a list of persons whose interrogation is generally prohibited. However, there are increasing instances in practice where exceptions to this rule are required. In this regard, it became necessary to reconsider the legislator's approach to the issue of granting witness immunity to certain persons. Purpose: to analyze the problems of determining the category of persons having witness immunity in Russian criminal proceedings. Methods: the author applies empirical methods of description, interpretation. Such specific scientific methods as legal dogmatic and legal interpretations are used. Results: the study identifies legislative gaps in granting witness immunity to persons. It is proposed that the legal position of the Constitutional Court of the Russian Federation on this issue should be taken as the basis for the legislative design of witness immunity.

Keywords

• criminal proceedings
• witness immunity
• interrogation of persons