ЕКСПЕРТИЗА В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ УКРАЇНИ

Abstract

The article is devoted to the study of features and grounds of appointment and conduct of expertise in administrative proceedings when considering public-legal disputes. The significance of forensic expertise in the administrative process as a means of proof has been determined. The legal norms of the current legislation of Ukraine have been analyzed, and the expert’s opinion has been assigned to means that are evidence in administrative court proceedings, that is, such means, by means of which the court establishes whether or not there are circumstances (facts) justifying the claims and objections of the parties to the case and other circumstances relevant to the correct resolution of the case. The concepts of «expertise» and «forensic expertise» in the judicial process have been studied, their delineation has been conducted. The authors emphasize that the possibility of using the expert opinion as evidence ensures the fulfillment of the tasks of administrative proceedings. The analysis of the procedural significance and peculiarities of the procedure for appointment and conduct of such types of forensic expertise, provided for in the Code of Administrative Procedure of Ukraine: commission expertise, complex expertise, additional expertise and re-exprtise (procedural criterion of separation). The existing types of forensic expertise, which are provided for by the current legislation of Ukraine, have been studied, and the court practice on the grounds of their appointment (sectoral division criterion) has been analyzed. It was noted that it was important for the court to assess the expert opinion on its ownership, admissibility, credibility and sufficiency. It has been concluded that in Ukraine there has been an increase in the role of forensic experts and the importance of expert findings in administrative cases. In the system of evidence, the conclusions of experts rightly occupy an important and special place. It was noted that the involvement of experts allows to comprehensively and fully clarify the facts of the case and to resolve the issue on the merits, and wide use of expertise from different sectors is a prerequisite for comprehensive and fair handling of administrative cases in the collection and analysis of evidence.