Depositing witness and victim testimonies: prerequisites for formation in the criminal procedure of the Russian Federation and the possibilities of using the experience of the Kyrgyz Republic

The article examines the prerequisites for the formation of the institution of deposition of testimony from witnesses and victims in the criminal process of the Russian Federation, taking into account the experience of the Kyrgyz Republic. It analyzes the existing Russian mechanisms for obtaining, preserving, and subsequently disclosing testimony, the provisions of Chapter 26 of the Criminal Procedure Code of the Kyrgyz Republic, the guarantees of adversarial proceedings, and the right of the accused to contest evidence against them. It argues that the complete adoption of the Kyrgyz model is not currently necessary: a significant portion of its functional tasks can be addressed through the development of interrogation, video recording, and testimony disclosure procedures provided for by the Criminal Procedure Code of the Russian Federation. Elements of deposition that can enhance the protection of vulnerable participants and the procedural opportunities of the defense are identified. Specific areas for further improvement of Russian legislation are formulated. The methodological basis of the research includes comparative-legal, formal-legal, and systemic methods. An analysis of the provisions of the Criminal Procedure Code of the Russian Federation and Chapter 26 of the Criminal Procedure Code of the Kyrgyz Republic, which regulate the obtaining, preservation, and subsequent disclosure of testimony from witnesses and victims, as well as corresponding procedural guarantees, is conducted. The article explores the prerequisites for the formation of the institution of deposition of testimony from witnesses and victims in the criminal process of the Russian Federation, taking into consideration the experience of the Kyrgyz Republic. It analyzes the existing Russian mechanisms for obtaining, preserving, and subsequently disclosing testimony, the provisions of Chapter 26 of the Criminal Procedure Code of the Kyrgyz Republic, the guarantees of adversarial proceedings, and the right of the accused to contest evidence against them. It is substantiated that full borrowing of the Kyrgyz model is not currently necessary: a significant part of its functional tasks can be solved by developing the procedures for interrogation, video recording, and disclosure of testimonies provided for by the Criminal Procedure Code of the Russian Federation. The elements of deposition capable of enhancing the protection of vulnerable participants and the procedural opportunities of the defense are highlighted. Specific directions for the further improvement of Russian legislation are formulated.