КРИТЕРІЇ ЯКОСТІ СУДОВОЇ ЕКОНОМІЧНОЇ ЕКСПЕРТИЗИ

Abstract

The article is devoted to the problem of the quality of expert research during criminal proceedings and the development of the paradigm of evidence interpretation in accordance with the tasks of the expertise. The relevance of the study is determined by the need for evidence validity at the stages of pre-trial investigation, courts and the role of an expert in these processes. The research methodology included theoretical and traditional legal methods using empirical research data. The article analyzed the factors that affect changing the paradigm of using the evidence base: the process of collecting evidence, their consideration by a forensic economic expert, the method presentation in expert opinions, their evaluation and interpretation in the context of the case in court. Three factors that determine the quality criteria of the forensic economic expertise methodology were investigated. These include the admissibility of an expert opinion, the reliability of expert testimony, and the relationship between the expert and the persons responsible for criminal proceedings. The study showed the direction of development of forensic economic expertise by changing its paradigm. The basis of such changes is proposed to include a criterion-referenced assessment of the methodology of conducting a forensic economic expertise and an expert opinion. Three main criteria for assessing the quality of the expertise at the stage of methodological substantiation of evidence and use of expert opinion in the court process are proposed. The practical significance of the research results lies in the recommendations to prepare an evidence base using a documentary basis for the evaluation of evidence, objective measurements and calculations, the use of databases representing the relevant population, the use of statistical models where possible, testing the validity and reliability of the forensic economic system comparison taking into account the conditions of the case under consideration. Recommendations for improving the methodical aspect of assessing the quality of work of forensic economic expertise are proposed.