To the question of admissibility of the announcement of the testimony victims and witnesses in court

Purpose: The article is devoted to the problem of assessing such evidence as the testimony of victims and witnesses who did not appear in court, from the point of view and their admissibility and observance of the guarantee of the defendants right to defense. Methodology: The comparative and technical law methods were used. Results: According to the Federal law of 2.03.2016 No. 40-FZ, in article 281 of the Criminal Procedure code of the Russian Federation there’s a new basis for decision by the court about the testimony of victims and witnesses who do not appear in court. It concerns the case when the result of the measures taken to establish the location of these persons to call at the hearing was not possible. Such a decision may be taken by the court provided that the accused (defendant) in the previous stages of the proceedings is giving the opportunity to challenge the evidence as provided by law. The author explains the idea of provision in question violates the right of defendants to a defence and gives arguments in support of his position. Novelty/originality/value: The author analyzed a new basis for reading out the testimony of victims and witnesses in a criminal case in the event that, as a result of the measures taken, it was not possible to determine the location of their location for summoning to the court session.