Місце судової експертизи у науково-технічному забезпеченні слідчої діяльності в умовах змагального кримінального провадження

Abstract

The cognitive activity of the investigator is carried out only in the ways provided by the criminal procedure legislation and it must comply with the principles of adversariality in the criminal process. However, due to the lack of the parties' parity in the criminal process, the process of involving an expert does not fully comply with the principle of competition and equality of the parties. Based on the generalization of criminal proceedings and the results of the investigators questioning of the Ukrainian Ministry of Internal Affairs, the article establishes that forensic forensic examinations is an important part in the scientific and technical support of investigative activities and improving its quality. Based on the results of the analysis of the decisions of the European Court of Human Rights and Ukrainian judicial practice  it was proved that the state or non-state expert' opinion, whith is provided by the defense should be considered by the investigator and the court on a par with other evidences. The publication provides a critical analysis of the norms of the current legislation of Ukraine governing the collection of evidentiary information and the involvement of an expert by the parties to the criminal process, highlighted problematic and debatable issues on the involvement of an expert by the defense and the crime victim, and suggested ways to implement the principle of competition and equality of parties in the use of special knowledge in criminal proceedings. It has been proved that the defense side and the crime victim have the right to independently involve an expert (including a non-state one) in criminal proceedings, and the investigator, upon their request must provide the objects of research to the expert. To implement the rights of individuals to fair justice, it is proposed to abolish the monopoly of state expert institutions on conducting criminalistic, forensic medical and forensic psychiatric examinations and to provide an opportunity for the parties of criminal proceedings to attract the most qualified specialists as experts who do not work in state expert institutions.