N.M. Kipnis. The Features of Application of Institute of Reading of Victim’s and Witness’s Testimonies (s 281 of Criminal Procedure Code of Russian Federation) In Light of Case Law of the European Court of Human Rights

Abstract: In the article judicial practice of application of institute of reading of testimonies of the victim and the witness not was in a session of the court (s 281 of Criminal Procedure Code of Russian Federation) is analyzed in light of s 6(3)(d) of European Convention on Human Rights of 1950. It is stated that interpretation by the Russian courts of norms of the criminal procedure legislation in this sphere is carried out in overwhelming majority of cases with disregard of norms of s 6(3)(d) of European Convention on Human Rights of 1950 and extensive practice of the European Court of Human Rights. Generalisation of case law of the European Court of Human Rights on interpretation of norms of s 6(3)(d) of European Convention on Human Rights of 1950 regarding realisation by each accused of the right to cross-examination of witnesses for the prosecution has allowed to formulate criteria which should be considered by the Russian courts in order to avoid infringement of norms of s 6(3)(d) of European Convention on Human Rights of 1950.

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