Issue: № 3, 2022
Doi: https://doi.org/10.37634/efp.2022.3.1
Introduction. One of the factors negatively affecting the quality of the investigation of crimes is the improper use of the results of forensic examinations in the process of proving and their incorrect assessment. In most cases, the investigator, the investigating judge, the prosecutor and the court regard the expert's opinion as a fundamental truth, which is crucial for substantiating the procedural decision. At the same time, the case law shows that experts often make mistakes both in choosing the methods of examination and in expert assessment. The purpose of the paper is studying some issues of the main properties of the assessment of the expert's opinion in criminal proceedings. Results. Evaluation of the expert's opinion – one of the stages of the formation of the expert's opinion as evidence, during and as a result of which is determined, in fact, its probative value; the appropriateness of the expert's opinion is determined by its content, it determines the suitability of the opinion to serve as a means of establishing circumstances relevant to criminal proceedings; the admissibility of the expert's opinion is determined mainly by compliance with the procedural procedure and requirements for forensic examinations; the reliability of the expert's opinion is determined by the completeness and correctness of the substantive and scientific approaches used by the expert in establishing a specific fact during the expert study. Conclusion. Evaluation of the expert's opinion is essentially a time-consuming task, the content of which is to carefully study the opinion. Without the involvement of relevant specialists, the investigator, investigating judge, prosecutor, court, using their knowledge and being legal practitioners, can easily identify inconsistencies in the conclusion of the formal requirements prescribed by law. As for the content of the conclusion, it causes significant difficulties.
Keywords : expert, expert opinion, evaluation of expert opinion, affiliation, reliability, admissibility
References:
1. Habrelian A.Yu. Prostitution in modern Ukrainian realities. A new look at the problem. Economics. Finances. Law. 2016. № 12. pp. 28-32. (in Ukrainian).
2. Habrelian A.Yu. The expediency of legalizing prostitution in Ukraine: arguments «for». Modern issues of economics and law, 2018. 2(8). pp. 135-143. (in Ukrainian).
3. Habrelian A.Yu. Analysis of the current state of the market of intimate services in the world and in Ukraine. Path of Science. 2020. № 6 (10). pp. 2001-2013. (in Ukrainian).
4. Ilina E.R., Sergeev V.V., Tarasov A.A. Evaluation of the conclusion of a forensic medical expert in criminal cases. Moscow, 2008. 224 p. (in Russian).
5. Orlov Yu.K. Forensic examination as a means of proof in criminal proceedings. Moscow, 2005. 264 p. (in Russian).
6. Piskunova E.V. Forensic support for the investigation of crimes in the field of art: forensic art expertise: dis. … PhD in legal sciences: 12.00.12. Moscow, 2013. 217 p. (in Russian).
7. On forensic examination in criminal and civil cases: Resolution of the Plenum of the Supreme Court of Ukraine from 30.05.1997 № 8. URL: https://zakon.rada.gov.ua/laws/show/v0008700–97# (in Ukrainian).
8. Rossiyskaya E.R. Forensic examination in civil, administrative and criminal proceedings. Moscow, 2009. 656 p. (in Russian).
9. Syskov V.L. Evaluation of evidence by the court of first instance as the basis for making a decision. Bulletin of the South Ural State University. Series: Law. 2006. № 5. pp. 184192. (in Russian).
10. Frantsiforov Yu.V., Maykov A.N. Evaluation of the reliability of the conclusion and testimony of the expert. young scientist, 2019. № 48 (286). pp. 311-314. (in Russian).
11. Bull Т. Lack of Due Diligence and Unregulated Markets: Trade in Illicit Antiquities and Fakes in Hong Kong. Art and Crime: Exploring the Dark Side of the Art World. 2009. pp. 26-38.