PRIVATE FORENSIC MEDICAL EXAMINATION AS A COMPONENT OF FORENSIC EXAMINATION REFORM IN UKRAINE

Abstract

The research substantiates that private expertise is a logical and necessary response to the needs of a modern adversarial judicial process, ensuring the principle of equality of arms. It is positioned as a mechanism to create healthy competition for state institutions, which would inevitably stimulate an overall increase in the quality, objectivity, timeliness, and transparency of forensic investigations. Drawing on international experience, particularly from EU countries like Germany and Poland, the article advocates for a pluralistic model where state and private sectors co-exist, fostering a competitive environment that benefits the entire system. For successful integration, a multifaceted reform approach is proposed. This includes establishing a clear legal status for private forensic medical practice, overhauling obsolete regulations (such as Order No. 6 from 1995), implementing standardized quality control and audit mechanisms, and enhancing the professional training of experts.

Furthermore, the study emphasizes the crucial need for a paradigm shift in judicial practice, moving from the automatic acceptance of state conclusions to a critical evaluation of the reliability and scientific validity of all expert reports, regardless of their origin. The scientific novelty of the work lies in its comprehensive justification of the role of private expertise as a partner to the state system, capable of fundamentally reshaping the landscape of forensic support for justice. The practical significance of the conclusions is extensive, providing a foundation for legislative modernization, the development of new judicial practices, and offering valuable insights for lawyers, courts, and medical institutions to effectively utilize independent experts, thereby strengthening the right to a fair trial and advancing the formation of a modern, evidence-based, and equitable forensic system in Ukraine aligned with European norms.