Witness Testimony Based on Hearsay in Russian Criminal Procedure: Issues, Solutions and Future Perspectives

The lack of fundamental developments at both the legislative and doctrinal levels in the field of hearsay evidence leads to several issues that undermine both the private interest of the accused in protection against unfounded accusations and the public interest of society and the state in establishing an effective criminal justice system. These issues are most acute when the defense attempts to adjust the evidentiary base by excluding such evidence as inadmissible. Among the latter, the assessment of hearsay evidence presents the greatest difficulties due to legislative imprecision. An analysis of relevant case law has not only confirmed the hypothesis of the problematic approach to evaluating such evidence but also allowed for the formulation of proposals for extralegislative adjustments to the law enforcement course.