ОСОБЕННОСТИ НАЗНАЧЕНИЯ СУДЕБНОЙ ЭКСПЕРТИЗЫ В СУДЕ АПЕЛЛЯЦИОННОЙ ИНСТАНЦИИ

Abstract

The article describes the features of the appointment of judicial expertise in the court of appeal. The author conducts a theoretical and legal analysis of the regulation of the institution of appointment of expertise in modern Russian conditions. The author analyzes the current judicial practice in the field under study and notes that in practice, the appellate courts evaluate the applicants ‘ arguments about the appointment of expertise as additional evidence at this stage of the arbitration process in different ways. The author has separately considered the position of the higher courts (the economic Board of the Supreme court of the Russian Federation, the constitutional court of the Russian Federation) on the appointment of judicial expertise. The author concludes that in order to ensure the stability of judicial acts of the courts of first instance and minimize the exercise by the appellate instance of its powers to accept additional evidence, in order to comply with its own competence by commercial courts of different instances, as well as to prevent abuse of procedural rights by persons involved in the case, it is advisable for the courts to pay attention to the need for timely and correct appointment of expertise to clarify issues, requiring special knowledge and uniform application of legal norms by arbitration courts.