The Expert Initiative Right from a Perspective of Legal Hermeneutics
The article is devoted to the analysis of one of the rights forming the procedural status of a forensic expert, that is the right of expert initiative. The right is considered not only from a procedural point of view, but also in the context of professional, moral and ethical standards that should g...
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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
2019-07-01
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| Series: | Теория и практика судебной экспертизы |
| Subjects: | |
| Online Access: | https://www.tipse.ru/jour/article/view/512 |
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| _version_ | 1849700146983469056 |
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| author | A. A. Boitsov |
| author_facet | A. A. Boitsov |
| author_sort | A. A. Boitsov |
| collection | DOAJ |
| description | The article is devoted to the analysis of one of the rights forming the procedural status of a forensic expert, that is the right of expert initiative. The right is considered not only from a procedural point of view, but also in the context of professional, moral and ethical standards that should guide a forensic expert in his activities. The right of expert initiative is considered as a professional responsibility of an expert. From the perspective of legal hermeneutics an attempt is made to identify its direct recipient and more importantly - the form of realization of this right by the expert. The norm in question is examined within the context of regulatory legal acts and in this connection, we try to understand the content of this norm considering the basic principle of forensic expert activity - the objectivity principle and the complementary principles of comprehensiveness and completeness of a research. The question is raised of the mandatory nature of the norm for the expert regardless of the procedural form of its implementation. |
| format | Article |
| id | doaj-art-c75e511998a940449fc0901c66ebb4a8 |
| institution | DOAJ |
| issn | 1819-2785 2587-7275 |
| language | Russian |
| publishDate | 2019-07-01 |
| 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-c75e511998a940449fc0901c66ebb4a82025-08-20T03:18:22ZrusMinistry of Justice of the Russian Federation, Russian Federal Centre of Forensic ScienceТеория и практика судебной экспертизы1819-27852587-72752019-07-0114211512710.30764/1819-2785-2019-14-2-115-127473The Expert Initiative Right from a Perspective of Legal HermeneuticsA. A. Boitsov0The Russian Federal Centre of Forensic Science of the Russian Ministry of Justice; Moscow City Pedagogical UniversityThe article is devoted to the analysis of one of the rights forming the procedural status of a forensic expert, that is the right of expert initiative. The right is considered not only from a procedural point of view, but also in the context of professional, moral and ethical standards that should guide a forensic expert in his activities. The right of expert initiative is considered as a professional responsibility of an expert. From the perspective of legal hermeneutics an attempt is made to identify its direct recipient and more importantly - the form of realization of this right by the expert. The norm in question is examined within the context of regulatory legal acts and in this connection, we try to understand the content of this norm considering the basic principle of forensic expert activity - the objectivity principle and the complementary principles of comprehensiveness and completeness of a research. The question is raised of the mandatory nature of the norm for the expert regardless of the procedural form of its implementation.https://www.tipse.ru/jour/article/view/512expert initiative rightlegal hermeneuticslegal awarenesslegal thinkinginterpretation of lawprinciples of lawprinciples of forensic activityconflict of interpretations in law |
| spellingShingle | A. A. Boitsov The Expert Initiative Right from a Perspective of Legal Hermeneutics Теория и практика судебной экспертизы expert initiative right legal hermeneutics legal awareness legal thinking interpretation of law principles of law principles of forensic activity conflict of interpretations in law |
| title | The Expert Initiative Right from a Perspective of Legal Hermeneutics |
| title_full | The Expert Initiative Right from a Perspective of Legal Hermeneutics |
| title_fullStr | The Expert Initiative Right from a Perspective of Legal Hermeneutics |
| title_full_unstemmed | The Expert Initiative Right from a Perspective of Legal Hermeneutics |
| title_short | The Expert Initiative Right from a Perspective of Legal Hermeneutics |
| title_sort | expert initiative right from a perspective of legal hermeneutics |
| topic | expert initiative right legal hermeneutics legal awareness legal thinking interpretation of law principles of law principles of forensic activity conflict of interpretations in law |
| url | https://www.tipse.ru/jour/article/view/512 |
| work_keys_str_mv | AT aaboitsov theexpertinitiativerightfromaperspectiveoflegalhermeneutics AT aaboitsov expertinitiativerightfromaperspectiveoflegalhermeneutics |