Article 51: how to refuse to testify

• What the law says. No one is obliged to testify against themselves, their spouse or close relatives (art. 51 of the Constitution). Close relatives in law are: spouse, parents, children, adoptive parents and adopted children, siblings, grandparents and grandchildren (art. 5 pt 4 CPC). Cousins, unmarried partners and friends are not on the list. You can use this right in any capacity and at any stage (OVD-Info).
• A suspect or accused may refuse to give any statement at all, with no penalty (arts 46, 47 CPC). If an accused refuses at the first questioning, they can be questioned again on the same charge only at their own request (art. 173 CPC). What you say with a lawyer present can be used even if you retract it later. Human rights groups advise talking to a lawyer alone before any statement: that is your right (art. 46 CPC).
• A witness must testify but may decline questions about themselves and close relatives (art. 56 CPC). A blanket refusal without that reason can lead to a case under art. 308 CC, with up to 3 months' arrest. First Department warns that saying 'I refuse to answer any questions' can trigger such a case; OVD-Info says such cases are very rarely opened in practice. Knowingly false testimony by a witness is also a crime (art. 307 CC).
• What to say. A suspect can say: 'I refuse to testify, using article 51 of the Constitution.' A witness should refuse question by question: 'I will not answer this question under article 51 of the Constitution; it concerns me (my relatives).' Every question goes into the record, including unanswered ones and the reason (art. 190 CPC). If something is recorded wrongly, ask for a correction: such a request must be granted.
• Before a criminal case. If you are asked to 'give an explanation' during a check of a crime report, you must be told of your right not to testify against yourself or relatives and your right to a lawyer (art. 144 pt 1.1 CPC). A 'chat' can also be recorded and used (OVD-Info). You need not discuss your political views: no one may be forced to express opinions (art. 29 pt 3 of the Constitution).
• Silence and pressure. By law silence does not prove guilt: the prosecution must prove it (art. 14 CPC), and a confession alone, without other evidence, is not enough for a conviction (art. 77 CPC). In practice investigators may say you cannot use article 51, claim people you know have already testified against you, or threaten prison (First Department). Calmly repeat that you are using your right and ask for this to be put in the record.
• Belarus. No one may be compelled to give statements or explanations against themselves, family members or close relatives (art. 27 of the Constitution of Belarus). A detainee is entitled to a free consultation with a lawyer before the first questioning (art. 46 CPC of Belarus). A detainee's refusal of a lawyer is accepted only in a lawyer's presence, and a refusal for lack of money is not accepted (art. 47 CPC of Belarus).

Designations of organisations in this guide: OVD-Info (foreign agent, extremist, on Rosfinmonitoring list). Contacting them carries a risk: do not write from a phone that may be seized, and do not repost their materials.

current as of 26 September 2026. More: Russian Constitution, art. 51 (ConsultantPlus, in Russian); Criminal Procedure Code, art. 5 pt 4: who counts as a close relative (in Russian); OVD-Info glossary: article 51 of the Constitution (in Russian) (foreign agent, extremist, on Rosfinmonitoring list); Criminal Procedure Code, art. 46: rights of a suspect (in Russian); Criminal Procedure Code, art. 47: rights of the accused (in Russian); Criminal Procedure Code, art. 173 pt 4: repeat questioning only at the accused's request (in Russian); Criminal Procedure Code, art. 56: rights and duties of a witness (in Russian); Criminal Code, art. 308: a witness's refusal to testify (in Russian); Criminal Code, art. 307: knowingly false testimony (in Russian); First Department: how to behave during questioning (in Russian) (foreign agent); OVD-Info: questioning, interviews and 'chats' (in Russian) (foreign agent, extremist, on Rosfinmonitoring list); Criminal Procedure Code, art. 190: the interrogation record (in Russian); Criminal Procedure Code, art. 144 pt 1.1: rights during a pre-investigation check (in Russian); Russian Constitution, art. 29 pt 3: no one may be forced to express opinions (in Russian); Criminal Procedure Code, art. 14: presumption of innocence (in Russian); Criminal Procedure Code, art. 77: a confession must be corroborated (in Russian); Constitution of Belarus, arts 27 and 62 (pravo.by, in Russian); Belarus Criminal Procedure Code, arts 44-47 and ch. 49.1 (pravo.by, in Russian)