Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice
Basing on the compilation of expert practice and the analysis of court practice reasons for the extensive increase psychological and pedagogical examinations assigned in civil proceedings in cases concerning child-rearing are addressed. The main associated issues are the lack of the own methodology...
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| Format: | Article |
| Language: | Russian |
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Ministry of Justice of the Russian Federation, Russian Federal Centre of Forensic Science
2020-04-01
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| Series: | Теория и практика судебной экспертизы |
| Subjects: | |
| Online Access: | https://www.tipse.ru/jour/article/view/576 |
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| author | E. V. Vaske F. S. Safuanov T. N. Sekerazh |
| author_facet | E. V. Vaske F. S. Safuanov T. N. Sekerazh |
| author_sort | E. V. Vaske |
| collection | DOAJ |
| description | Basing on the compilation of expert practice and the analysis of court practice reasons for the extensive increase psychological and pedagogical examinations assigned in civil proceedings in cases concerning child-rearing are addressed. The main associated issues are the lack of the own methodology for psychological and pedagogical examinations in the judicial proceedings; resolving questions by educational and education psychologists, which are out of the scope of their specialized knowledge and competence, including those falling within the purview of the court’s exclusive competence; giving unreasonable advice, which violates citizens’ rights; the lack of professional competence necessary to conduct forensic expertise. It is found that opinions on the results of psychological and pedagogical examinations do not meet the requirements of the law, including on account of private educational psychologists’ insufficient professional training. It is shown that the inadequacy of law regarding professional and qualification requirements to experts allows courts to treat the verification of experts’ competence uncritically. As a result, an improper subject of forensic activity is introduced to the civil proceedings, which violates citizens’ rights to justice, undermines people’s trust in the institutions of forensic expertise and judicial authority. Given the relevance of the issue, the grounds for application of specialized psychological knowledge in the form of forensic expertise in the civil disputes involving child-rearing are presented in the article, the scope of the necessary experts’ competences is outlined as well as the requirements to their specialized professional training, since forensic examinations must be conducted on a strictly scientific basis, objectively and comprehensively. |
| format | Article |
| id | doaj-art-8619b7b7115e4f629437cdff28372887 |
| institution | Kabale University |
| issn | 1819-2785 2587-7275 |
| language | Russian |
| publishDate | 2020-04-01 |
| publisher | Ministry of Justice of the Russian Federation, Russian Federal Centre of Forensic Science |
| record_format | Article |
| series | Теория и практика судебной экспертизы |
| spelling | doaj-art-8619b7b7115e4f629437cdff283728872025-08-20T03:42:52ZrusMinistry of Justice of the Russian Federation, Russian Federal Centre of Forensic ScienceТеория и практика судебной экспертизы1819-27852587-72752020-04-0115161910.30764/1819-2785-2020-1-6-19506Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of JusticeE. V. Vaske0F. S. Safuanov1T. N. Sekerazh2Lobachevsky State University of Nizhny Novgorod – National Research University; Centre of Legal Psychology and Forensic Psychological ExpertiseV.P. Serbsky Federal Medical Research Center for Psychiatry and Narcology of the Ministry of Health of the Russian Federation; Moscow State University of Psychology & EducationThe Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian FederationBasing on the compilation of expert practice and the analysis of court practice reasons for the extensive increase psychological and pedagogical examinations assigned in civil proceedings in cases concerning child-rearing are addressed. The main associated issues are the lack of the own methodology for psychological and pedagogical examinations in the judicial proceedings; resolving questions by educational and education psychologists, which are out of the scope of their specialized knowledge and competence, including those falling within the purview of the court’s exclusive competence; giving unreasonable advice, which violates citizens’ rights; the lack of professional competence necessary to conduct forensic expertise. It is found that opinions on the results of psychological and pedagogical examinations do not meet the requirements of the law, including on account of private educational psychologists’ insufficient professional training. It is shown that the inadequacy of law regarding professional and qualification requirements to experts allows courts to treat the verification of experts’ competence uncritically. As a result, an improper subject of forensic activity is introduced to the civil proceedings, which violates citizens’ rights to justice, undermines people’s trust in the institutions of forensic expertise and judicial authority. Given the relevance of the issue, the grounds for application of specialized psychological knowledge in the form of forensic expertise in the civil disputes involving child-rearing are presented in the article, the scope of the necessary experts’ competences is outlined as well as the requirements to their specialized professional training, since forensic examinations must be conducted on a strictly scientific basis, objectively and comprehensively.https://www.tipse.ru/jour/article/view/576disputes concerning child-rearingforensic psychological examinationintegrated forensic psychological and psychiatric examinationpsychological and pedagogical examinationcivil proceedingsfamily lawprofessional and qualification requirements to experts |
| spellingShingle | E. V. Vaske F. S. Safuanov T. N. Sekerazh Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice Теория и практика судебной экспертизы disputes concerning child-rearing forensic psychological examination integrated forensic psychological and psychiatric examination psychological and pedagogical examination civil proceedings family law professional and qualification requirements to experts |
| title | Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice |
| title_full | Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice |
| title_fullStr | Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice |
| title_full_unstemmed | Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice |
| title_short | Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice |
| title_sort | why psychological and pedagogical examinations in disputes concerning child rearing do not meet the needs of justice |
| topic | disputes concerning child-rearing forensic psychological examination integrated forensic psychological and psychiatric examination psychological and pedagogical examination civil proceedings family law professional and qualification requirements to experts |
| url | https://www.tipse.ru/jour/article/view/576 |
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