Abstract
The expediency of establishing the forensic expert criminal liability for providing a deliberately false opinion and the features of such a criminal offense under Part 1 of Art. 384 of the Criminal Code of Ukraine are analyzed in the article. The necessity for norms providing for the liability of the forensic expert is stated, and the requirement for their actual application is pointed out. A criminally illegal act provided by Art. 384 of the Criminal Code of Ukraine is analyzed: Deliberately expert false opinion, which was made for submission or submitted to the body conducting pre-trial investigation, enforcement proceedings, court, High Council of Justice, temporary investigative or special temporary investigative commission of the Verkhovna Rada of Ukraine. Within the research, authors identify the main shortcomings of Art. 384 of the Criminal Code of Ukraine formulation. The researchers propose to amend the disposition of Art. 384 of the Criminal Code of Ukraine so that criminal liability of the forensic expert to draw a deliberately false opinion will exist regardless of the circumstances of such a criminal offense. The application of Art. 384 of the Criminal Code of Ukraine in terms of criminal liability of the expert liability for providing a deliberately false opinion is analyzed. The researchers find that there are no convictions that have entered into force in Ukraine to bring experts to justice under the relevant part of Art. 384 of the Criminal Code of Ukraine. Consequently, the researchers note that, despite the existence of certain shortcomings of this article of the Special Part of the Criminal Code of Ukraine, the main problem is the lack of its real application in practice. This means that public authorities do not prosecute experts for drawing deliberately false opinions. At the same time, the proper and effective application of criminal law will help experts to comply with their responsibilities. In addition, the suggestions on improving the sanction of Art. 384 of the Criminal Code of Ukraine are stated.
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