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In a recently published video, Alexey Navalny calls one of the FSB's operatives who participated in Navalny's poisoning, and, pretending to be his colleague, manages to record some evidence about the operation.

Now, Russia apparently is one of the one-party consent countries, where secretly recording a conversation you hold with someone is not illegal by itself. However, I would expect that to change is the other party is led to believe they are speaking with someone else.

I understand the circumstances are quite extraordinary, however, I think the legality of the recording is still a crucial aspect. Could Navalny face charges for releasing it, and would it be admissible as evidence in a court case?

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  • I suppose there is a law in Russia about phone recordings, and the law doesn't just state "Russia is a one-party consent country". – gnasher729 Dec 29 '20 at 13:50
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    The linked summary says that such recordings may be admissible evidence, which is not the same as saying they are lawful. I cannot speak for the Russian rules of court, but in England and Wales any material obtained illegally may be admissible evidence in the interests of justice. – Rock Ape Dec 29 '20 at 15:14
  • @gnasher729 Sure there is. However, I expect such laws in one-party consent countries to be somewhat similar, which may be close enough for educational purposes. Of course I'm not trying to crowd-source actual legal advice here. – Dmitry Grigoryev Jan 2 at 20:38

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