Abstract
The army of the Russian Federation brought to Ukraine the massacres of civilians, the destruction of infrastructureand dwellings of citizens, the rape of women and children, and looting. The guilt of the representatives of the Russian authorities and the military army of the Russian Federation must be proved by investigating a large number of war crimes,and the collection of procedural evidence involves a huge number of forensic examinations.Based on the analysis of the tasks of various types of forensic examinations, the article establishes that forensicexaminations play an important role in the investigation of war crimes. Based on the results of a critical analysis of thenorms of the current legislation of Ukraine, which regulate the processes of collecting evidence and attracting an expert,it has been proved that in the conditions of martial law in Ukraine, it is extremely difficult to obtain an expert opinion.The publication analyzes the procedure for attracting an expert in the member countries of the Council of Europeand proposes to reform the system of expert provision of justice by abolishing the monopoly of state expert institutions onconducting a significant number of forensic examinations in Ukraine and introducing the responsibility of an expert fora biased opinion (similar to the member countries of the Council of Europe). This will reduce the time of examinationsand increase their reliability.It is proposed to reform the system of expert justice support in Ukraine under martial law in the following areas:1) abolition of the monopoly of state expert institutions on all types of forensic examinations, except for the study of objectswhose free circulation is prohibited or restricted; 2) granting the right to the parties to criminal proceedings, the victimand the court to choose the most qualified (state or private) expert, regardless of whether he is listed in the Register ofcertified forensic experts;3) imposing sanctions against a forensic expert in case of violation of his professional duties(confiscation of payment for the examination, disqualification as an expert, administrative fine or arrest, criminalprosecution, disciplinary consequences or claims for damages), etc.
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