Evolution of the Institute of Witnesses: from the Cathedral Code of 1649 to the Criminal Procedure Code of the Russian Federation

Recently, debate has intensified regarding the necessity and advisability of retaining the institution of attesting witnesses in criminal procedure legislation. Some authors are categorical in their statements, proposing to abolish this institution as superfluous and useless, comparable to a vestige. Others take a more balanced approach to defining the place and role of attesting witnesses in the system of criminal procedure evidence. Clearly, resolving this issue requires examining the origins of this institution and the circumstances that shaped its evolution. This article provides a historical and legal analysis of the legal acts governing the legal status of attesting witnesses at various stages of the country’s historical development, from the first mentions of “good people” to modern reforms. This analysis allowed for a comprehensive approach to addressing the question of the relevance of the institution of attesting witnesses today and whetherit could be replaced by the use of technical means for recording the progress and results of investigative actions, a practice cited by opponents of retaining this participant in criminal proceedings. It appears that abandoning this institution could have negative consequences for the functioning of the current system of criminal procedure principles, in which the institution of attesting witnesses, along with other components, forms an important mechanism for ensuring public participation in legal proceedings.