The Institute of Attesting Witnesses in Russian Criminal Proceedings: To Be or Not to Be?

Introduction: the paper examines the main current issues in the legislative regulation of exhumation procedures. Purpose: the study aims to analyze contemporary approaches to regulating and organizing this investigative action. Methodology: by analyzing normative material, judicial practice, the criminal procedure legislation of certain CIS countries (the Criminal Procedure Codes of the Republics of Kazakhstan and Belarus), and specialized literature on the topic, the author concludes that the current legal framework for exhumation under Parts 3-5 of Article 178 of the Criminal Procedure Code of the Russian Federation suffers from several shortcomings. These shortcomings create practical difficulties for the authorities when exhumation is required, hinder the fulfilment of the objectives of criminal proceedings during the preliminary investigation stage, and fail to safeguard the rights and legitimate interests of the deceased’s next of kin. Conclusions: a revised and detailed version of the Criminal Procedure Code article governing exhumation procedures is proposed, addressing and resolving all the identified issues.