Features of obtaining the testimony of a witness located on the territory of another state

Abstract

This article examines the methods of obtaining the testimony of a witness located on the territory of another state. The author analyzes the importance of witness testimony in the field of proof, as well as what difficulties may arise in the course of their implementation. The essence and mechanism of the application of international legal assistance is noted when it is necessary to interrogate a witness located abroad, including options for notifying such witnesses through a diplomatic, special or direct method. In this case, the interrogation of a witness by a foreign court or other competent authority on the territory of a State is carried out when a court of one state applies to a court of another state with such a request. In addition, the parties or the witness himself have the right to apply to a notary both in the Russian Federation and abroad as part of the issue of securing evidence. The possibility of the witnesss participation in the trial using information technology, namely videoconferencing and web conference, is being considered.