Appointment of a Forensic Examination in Commercial (Arbitrazh) Court Proceedings and Evaluation of its Results

Abstract

The main purpose of the paper is to study the possibilities of forensic examination to consider the case in commercial (arbitrazh) court proceedings. The author uses general scientific and special legal methods to achieve this goal. In the course of the study, it was found that the implementation of the goals and objectives of the commercial (arbitrazh) court is implemented by various means. Their use is based on the close interaction of the general principles of constitutional and legal policy in the field of the right to judicial protection and the principles of commercial (arbitrazh) court procedure law. Forensic examination is used to obtain the necessary information, missing data, evaluate various facts from the standpoint of special knowledge. Within the framework of commercial (arbitrazh) court proceedings, various subjects carrying out expert activities, including representatives of state bodies, non-state expert organizations, and independent experts, may be involved. The possibilities of forensic examination are quite extensive, they contribute to obtaining evidence in the case under consideration, allow to establish the truth in the case and justly resolve it. Based on the analysis of special literature and law enforcement practice, certain problems are identified and ways to solve them are proposed. In particular, attention is given to the following areas: the need to improve the capabilities of forensic examination, the need for the emergence of legal foundations for assessing the reliability of an expert opinion; expanding the possibilities of expert activities — improving the legal support for the application of modern innovative solutions and technologies.