The Need to Modernize the Procedure for Exhumation in the Criminal Process of the Russian Federation

Introduction: the paper examines the main current issues of the legislative regulation of the procedure for conducting exhumation. The purpose of the study is to analyze contemporary approaches to the regulation and organization of this investigative action. Methodology: in analyzing normative material, court practice, the criminal procedure legislation of some CIS countries (the Criminal Procedure Codes of the Republic of Kazakhstan and Belarus), and specialized literature on the topic, the author concludes that the current model of the legal regulation of exhumation under Part 3–5 of Article 178 of the Criminal Procedure Code of the Russian Federation has a number of shortcomings. These create difficulties for authorities when the need for its conduct arises, impede the achievement of criminal procedure objectives during the preliminary investigation, and fail to protect the rights and legitimate interests of the deceased’s relatives subject to exhumation. Conclusions: a detailed version of the Criminal Procedure Code article regulating the procedure for conducting exhumation is proposed, in which all identified issues have been considered and addressed.