ПРОБЛЕМНІ ПИТАННЯ РОЗВИТКУ СУДОВО-ЕКОНОМІЧНОЇ ЕКСПЕРТИЗИ

Abstract

The relevance of the topic is determined by the need to reform the legislation on forensic economic expertise due to the integration of our country into the norms of the European Union regarding the implementation of human rights and the organization of jurisprudence. The pre-trial stage requires standardization of procedures and its organization for reasoned and balanced approaches to the preparation of the evidence base. The task of increasing the efficiency of the judicial process is accompanied by the need to eliminate unjustified costs and delays in preparing evidence. Therefore, the implementation of the principle of justice under such conditions requires an analysis of the directions for reforming the legislation on forensic economic expertise in Ukraine. The study of the relationship between forensic economic expertise and criminal justice in the light of "new paradigms" of forensic practice has made it possible to identify the directions for reforming legislation. Typical shortcomings of forensic economic expertise and other expert evidence have been analyzed. This became the basis for developing an approach to building legislation on forensic expertise, taking into account the ranking of the legitimate priorities of participants in criminal proceedings. The epistemological foundations of anticipated changes in the development of forensic economic expertise based on evidence requirements have been studied. Criteria for the usefulness and relevance of evidence that are acceptable in criminal proceedings in the area of economic crimes for the expert's work have been identified. Issues of organizing work with expert opinions, such as their formulation, verification, and evaluation, are considered as prerequisites for reforming the regulatory framework for forensic expertise. These criteria and the organization of the work of a forensic expert are considered from the perspective of creating a reliable empirical basis for the evidence base, taking into account the latest technologies for obtaining and storing data. The jurisdictional nature of innovations in draft laws on forensic expertise has been analyzed, and the consequences of their actions for the implementation of paradigmatic shifts in its development are revealed. In order to show the influence of the method and grounds of the forensic examination on the entire process of obtaining the evidence base at the stages of the judicial process, a critical comment was made on the use of the term "forensic examination" in the proposed draft laws. It is established that the traditional model of the organization of forensic economic expertise needs to be revised, taking into account the proper understanding of its regulatory structure and modern development.