New rules of disclosure of evidence by the court as strengthening of guarantees of procedural safety of parties to criminal proceedings

The article considers new grounds for disclosure of witness statements and testimony of victims in court sessions. The parties' default at trial is one of the problems for long-term consideration of a criminal case and its resolution, often being a reason of the stay of proceedings. The author draws particular attention to the fact that amendments of the article 281 of the Criminal Procedure Code of the Russian Federation can be used by the court to ensure the safety of protected victims or witnesses. At the same time they should be regarded as procedural guarantees of protection of rights and legal interests of protected persons. The author also notes that the disclosure applies not only to evidence, data in the preliminary investigation and during the court sessions, but also to the testimony previously given in hearing of the criminal case by a person previously not questioned in pre-trial proceedings and for the first time giving testimony in the court. The author formulates the criteria, when the disclosure of evidence and a subsequent recognition of their admissibility as evidence in a criminal case are possible. It is concluded that the analyzed novels increase the efficiency of criminal proceedings, help to establish facts of the case in the courtroom, facilitate the proof process, strengthen the protection of persons promoting justice.