Содействие специалиста в формировании экспертного заключения

Abstract

The opinions of lawyers on the possibility of involving a specialist in the production of forensic examination, as well as the latest editions of the arbitration procedural, civil procedural, criminal procedural legislation of the Russian Federation and other regulations governing forensic activity and the procedural status of persons applying special knowledge in Russian legal proceedings, have been analyzed. The essence of the term “assistance” has been determined. A distinction is made between the assistance of a specialist in the formation of an expert opinion and his participation in the production of a forensic examination. Based on the study of scientific publications on the procedural status of persons applying special knowledge in legal proceedings and an analysis of the current regulatory legal acts governing the production of forensic examination, the differentiation of the specialist’s assistance in the formation of an expert opinion into basic and optional forms was carried out. The main form is divided into the following types: direct and indirect. The optional form, from the point of view of the possible interaction of persons applying special knowledge in legal proceedings, includes probabilistic (stochastic) types. The indicated forms (types) of assistance of a specialist in the formation of an expert opinion are considered on examples. The regulation in the current legislation of the assistance of a specialist in the formation of an expert opinion and the possibility of his involvement in the production of a forensic examination could help to improve the interaction of persons applying special knowledge in Russian legal proceedings. The article does not propose algorithms or ready-made formulations of legal norms for the assistance of a specialist in the formation of an expert opinion and his involvement in the production of a forensic examination, since this should be preceded by a discussion in the legal community about the advisability of such innovations.