Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries
A comparative analysis of the expertise during the criminal proceedings in accordance with the Criminal Procedure Code of Ukraine and the Republics of Azerbaijan, Belarus, Armenia, Kyrgyzstan, Estonia, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and the Russian Federation has been carr...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2021-12-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/445 |
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| author | A. N. Protsenko |
| author_facet | A. N. Protsenko |
| author_sort | A. N. Protsenko |
| collection | DOAJ |
| description | A comparative analysis of the expertise during the criminal proceedings in accordance with the Criminal Procedure Code of Ukraine and the Republics of Azerbaijan, Belarus, Armenia, Kyrgyzstan, Estonia, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and the Russian Federation has been carried out.
Proposals were submitted to the domestic Criminal Procedure Code to increase the efficiency of the expertise in court. It is proved that in a situation of passivity of the parties to the criminal proceedings and the victim to make an informed decision in case it is necessary to establish certain circumstances of the offense, the court has the right to appoint an examination on its own initiative without any restrictions. The expertise appointed in court in respect of the expertise carried out in the pre-trial investigation may be additional, repeated or new. The expert is summoned to court for expertise, when: new circumstances have been established in the court proceedings that require research; several examinations were conducted at the pre-trial stage and experts came to the opposite conclusion; previously conducted expert research is incomplete.
Expertise in court may be conducted by an expert (experts) who gave an opinion during the pre-trial investigation, or another expert (experts) appointed by the court, or both experts together. The expert who conducted the expertise during the pre-trial investigation, or the specialist to whom the expertise will be assigned, summoned to court, have the right to participate in the expertise of objects and documents, conduct court proceedings related to the subject of expertise, discuss issues and objects for expertise, to specify the term of expertise. After the examination, the expert must announce the opinion in court and may be questioned to supplement and clarify the opinion. The presiding judge at the request of the parties should provide an opportunity to study in detail the conclusion of the expertise conducted in court. |
| format | Article |
| id | doaj-art-90d5ed26b6634ec795a17decf1bbd960 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2021-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-90d5ed26b6634ec795a17decf1bbd9602025-02-02T23:51:46ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2021-12-0195420921810.32631/v.2021.4.18445Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countriesA. N. Protsenko0National Scientific Center «Hon. Prof. M. S. Bokarius Forensic Science Institute» A comparative analysis of the expertise during the criminal proceedings in accordance with the Criminal Procedure Code of Ukraine and the Republics of Azerbaijan, Belarus, Armenia, Kyrgyzstan, Estonia, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and the Russian Federation has been carried out. Proposals were submitted to the domestic Criminal Procedure Code to increase the efficiency of the expertise in court. It is proved that in a situation of passivity of the parties to the criminal proceedings and the victim to make an informed decision in case it is necessary to establish certain circumstances of the offense, the court has the right to appoint an examination on its own initiative without any restrictions. The expertise appointed in court in respect of the expertise carried out in the pre-trial investigation may be additional, repeated or new. The expert is summoned to court for expertise, when: new circumstances have been established in the court proceedings that require research; several examinations were conducted at the pre-trial stage and experts came to the opposite conclusion; previously conducted expert research is incomplete. Expertise in court may be conducted by an expert (experts) who gave an opinion during the pre-trial investigation, or another expert (experts) appointed by the court, or both experts together. The expert who conducted the expertise during the pre-trial investigation, or the specialist to whom the expertise will be assigned, summoned to court, have the right to participate in the expertise of objects and documents, conduct court proceedings related to the subject of expertise, discuss issues and objects for expertise, to specify the term of expertise. After the examination, the expert must announce the opinion in court and may be questioned to supplement and clarify the opinion. The presiding judge at the request of the parties should provide an opportunity to study in detail the conclusion of the expertise conducted in court.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/445expertisecourtcomparative analysisinvolvement of expert and specialistexpert opinion. |
| spellingShingle | A. N. Protsenko Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries Bulletin of Kharkiv National University of Internal Affairs expertise court comparative analysis involvement of expert and specialist expert opinion. |
| title | Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries |
| title_full | Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries |
| title_fullStr | Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries |
| title_full_unstemmed | Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries |
| title_short | Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries |
| title_sort | comparative legal analysis of the expertise in court under the criminal law of ukraine and cis countries |
| topic | expertise court comparative analysis involvement of expert and specialist expert opinion. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/445 |
| work_keys_str_mv | AT anprotsenko comparativelegalanalysisoftheexpertiseincourtunderthecriminallawofukraineandciscountries |