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Specialist Review of the Forensic Examination Report: Concept, Essence, Regulation
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Specialist Review of the Forensic Examination Report: Concept, Essence, Regulation
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.043
Publication type
Article
Status
Published
Authors
Oksana Dyakonova 
ORCID: 0000-0002-9327-5585
Occupation: Professor at the Department of Forensic Expertise
Affiliation: Kutafin Moscow State Law University
Address: Moscow, Russia
Edition
Volume 27 No. 4
Pages
84-97
Abstract

The use of special knowledge in legal proceedings and other jurisdictional activities is carried out in different forms and types, each of which has its own results. Every year, the number of cases of submitting the results of the so-called review of the forensic examination report to the judicial proceedings increases, which often hide not only the fruits of scientific and methodological verification of the expert's report, but also the results of expert research conducted without observing the procedural form. In many cases, such results are accepted as evidence with an uncertain essence, which does not allow them to be checked and evaluated qualitatively. The situation is aggravated by contradictions in the regulatory regulation of the use of special knowledge, the lack of differentiation of the activities of a specialist in legal proceedings, the uncertainty of their results. The question arises about the ratio of a specialist's review and a specialist's consultation. All the above negates the initiative efforts of the parties to prove the circumstances relevant to the case.

The purpose of the study is to distinguish the essential functions of knowledgeable persons and the results of their activities, to determine the directions for improving the regulatory regulation of the specialist's activities in court proceedings and other types of jurisdictional activities.

The study used comparative legal, formal legal and other methods of analyzing regulatory legal acts and court decisions in criminal and civil cases.

Research results: a certain regulatory regulation of the functions of a specialist and the results of his application of special knowledge is proposed in order to exclude surrogate species with uncertain requirements for their assessment. A clear distinction between the functions of a specialist and the corresponding results of his activity is substantiated.

Keywords
specialist consultation, forensic examination report, specialist's review, specialist opinion
Date of publication
21.04.2023
Number of purchasers
12
Views
206
Readers community rating
0.0 (0 votes)
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