Abstract

Being a multifaceted issue, the assessment of an expert’s statement in different types of legal proceedings by various institutions has been the subject of the scientific debate for many years. This article is devoted to the scientific-theoretical and applied analysis of the issue of assessing the expert’s statement by the defense lawyer. Based on the analysis of the materials of judicial practice, the authors assess various situations associated with the exclusion of the expert’s opinion from the evidence. Certain stages of assessing the expert’s opinion as evidence are proposed. The conducted research actualizes the necessity to develop scientifically based recommendations for assessing the expert’s statement by the defense lawyer, and develops the practical significance of the active role of defense lawyers in the assessment of forensic expertise. The conclusions and suggestions formulated in the article can be used in scientific activity, in the development of practical recommendations, and in rulemaking while improving the legislation governing the assessment of the expert’s opinion.

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