ПОРІВНЯННЯ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ СУДОВО-ЕКСПЕРТНОЇ ДІЯЛЬНОСТІ В УКРАЇНІ ТА КРАЇНАХ ЄВРОПЕЙСЬКОГО СОЮЗ

Authors

  • Володимир Олександрович Михайлов Інститут управління, технологій та права

Keywords:

specialized knowledge, examination, expert, administrative and legal regulation, forensic activities

Abstract

The article examines the peculiarities of administrative and legal regulation of forensic expert support in EU countries and Ukraine. The administrative and legal regulation of forensic expert activity in Ukraine and the countries of the European Union has its own characteristics, but it is aimed at ensuring the objectivity and independence of forensic experts. It is important to consider these regulatory aspects to ensure fairness and high quality of forensic expert opinions in justice. It is important to consider that differences in systems and approaches may exist even among different countries of the European Union. To obtain detailed information about forensic expert activity in specific EU countries, it is recommended to study the relevant national legislation and practice.

The involvement of experts in criminal proceedings and their registration meet the requirements of ensuring the quality of evidence and the objectivity of solving the case. These registers allow to select qualified specialists with appropriate expert competence to provide objective and reliable evidence in court proceedings.

Ukraine also provides registration of forensic experts. According to Article 16 of the Law of Ukraine "On Forensic Expertise", experts involved in forensic expertise are subject to mandatory registration in the prescribed manner. The register of judicial experts is maintained by the Ministry of Justice of Ukraine. Information about the qualification, specialization and work experience of the expert is entered in the register, as well as the types of examinations in which he has the right to participate.

Registration of experts in relevant registers and regulation of their activities contribute to ensuring the quality and reliability of evidence in criminal proceedings. This contributes to objective and fair judicial proceedings and citizens' trust in the results of expert opinions in court proceedings.

Administrative legal regulation of judicial and expert activity in Ukraine needs reform and improvement. It is necessary to quickly react to the introduction of new phenomena related to the development of science and technology into people's lives and business processes, to develop and introduce new fields of knowledge, to train specialists and experts, to develop new research methods and modern legislation that will provide the industry with clear rules and regulations , both consumers of expert services and their executors.

Published

2023-12-01

Issue

Section

Journal Articles