Issue: № 9/1, 2020
Doi: https://doi.org/10.37634/efp.2020.9(1).6
Introduction. The Convention for the Protection of Human Rights and Fundamental Freedoms states that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to establish the validity of any criminal charges against him. Impartiality, impartiality, objectivity of all subjects involved in criminal proceedings, including a forensic expert, are the key to a fair and efficient trial. The purpose of the paper is a comprehensive, comprehensive study of the mechanism of removal (self-removal) of a forensic expert in criminal proceedings and its analysis in terms of regulations and application in practice. Results. To achieve this goal in the research process used a system of general scientific and special research methods. Terminological analysis was used to reveal the concepts used in the study. The system-structural method was used during the conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine. The application of the method of systematic analysis of legal norms allowed to identify gaps, contradictions in the CPC of Ukraine and to formulate proposals for its improvement. The statistical method was used in the study of regulations, formation and substantiation of conclusions. According to the results of the study, a conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine was carried out and characterized; outlined and analyzed the grounds for dismissal on which the expert can not perform its function in accordance with current criminal procedure legislation of Ukraine; identified gaps in the legislation governing some aspects of the withdrawal mechanism; problematic practical issues of the procedural order of application for withdrawal (self-withdrawal) are clarified. Conclusion. During the research, substantiated proposals and recommendations were developed and formed, aimed at improving the current criminal procedure legislation on the removal of an expert in order to increase the effectiveness of its application. The scientific novelty of the obtained results is that in the first place, the mechanism of removal (self-removal) of a forensic expert in criminal proceedings is comprehensively studied and its analysis from the point of view of legal regulation and application in practice is carried out.
Keywords : withdrawal; withdrawal mechanism; grounds for withdrawal; application for withdrawal; the procedure for resolving the issue of withdrawal; appeal against the decision on withdrawal; consequences of withdrawal
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