ПІДСТАВИ ПРИЗНАЧЕННЯ ТА ПРОВЕДЕННЯ СУДОВИХ ЕКСПЕРТИЗ: ДИСКУСІЙНІ АСПЕКТИ
Keywords:
forensic examination, appointment and conduct of forensic examinations, legal conflict, forensic expertAbstract
The content of the rules governing the grounds for the appointment and conduct of judicial examinations in criminal proceedings is investigated in the article on the basis of the analysis of the current legislation. The role of forensic examination in the process of proving is determined. The author distinguishes between persons who can be “initiators of forensic examination”, “subjects of appointment of forensics” and “subjects of forensics”.
Having clarified the issue of determining the subjects of appointment and subjects of forensic examination, it was determined that for each of them there is a basis for the appointment and conduct of forensics.
The article analyzes the laws and departmental normative legal acts, in which the norms reflect the issues of appointment and holding of judicial examinations, subjects of forensic activity, types of providing forensic activities.
The author analyzed the revision of Art. 242, 243, 244 of the CPC of Ukraine, adopted with the entry into force of the Law "On Amendments to Certain Legislative Acts of Ukraine on Improvement of Certain Provisions of Criminal Procedure Legislation" of 4.10.2019.
The analysis of these norms made it possible to establish the existence of legal conflicts, change of concepts, inconsistencies of the competence of the participants of criminal proceedings and to make recommendations for elimination of these deficiencies in order to eliminate different interpretation of legal norms by the subjects of criminal proceedings.
