Annotation

The article focuses on the specifics of the legal regime governing statements made by a person prior to the initiation of criminal proceedings, taking into account the differences in the status of a witness and a suspect (accused). Based on the results of the analysis of legislation, doctrine and a sample of law enforcement acts, the characteristic features of the use of information provided by a subject in a lost status in proving are revealed. The article examines the features of the anti-formalist approach of the higher courts and its impact on practice, as well as the implementation of guarantees provided for in Article 51 of the Constitution of the Russian Federation. In conclusion, recommendations are formulated for law enforcement officials, judges and representatives of the legal community.