СПЕЦИАЛЬНЫЕ ЗНАНИЯ В ГРАЖДАНСКОМ ПРОЦЕССЕ: К ИСТОРИИ ВОПРОСА

Abstract

The article deals with the formation and development of the Institute of special knowledge in civil procedure until 1917. In the development of the Institute of special knowledge in the pre-Soviet period, there are three stages: Zemsky (9th to the end of 15th century.); Moscow (16th–17th century.) and Imperial (18th – early 20th century). The use of special knowledge originated with the appearance of the proceedings. Initially, special knowledge was used primarily to resolve civil disputes. The transformation of the Institute was influenced by judicial practice and the development of special knowledge. The model of the institute of special knowledge in civil proceedings developed by the second half of the 19th century. It included the concept of special knowledge, the status of a specialist (expert), the procedure for some research and some forensic preventive rules. The most important provisions of the pre-revolutionary Institute, distinguishing it from the existing modern model, are: 1) the identity of the status of holders of special knowledge involved in dispute resolution; 2) the main role of the court in the appointment of examination (research) and the appointment of experts from among persons who have the legal right to engage in expert activities. The reception of these provisions could streamline enforcement.