Formsand Types of the Use of Specialized Knowledge in Russian Legal Proceedings: Current State and Prospects

Abstract

The work of knowledgeable persons involved in legal proceedings by officials conducting legal proceedings is of primary significance. The work of knowledgeable persons is inter-procedural in nature. The use of specialized knowledge is characterized by a special form. The paper presents the opinions of researchers and the author concerning classification of forms and types of the use of specialized knowledge in Russian legal proceedings. The author concludes that classifications are important for the development of academic thought and practice in relation to different types of legal proceedings. The majority of researchers are in favor of distinguishing two forms of using specialized knowledge — procedural and non-procedural forms. Forensic examination is one of the main and common types within the procedural form. In addition, the author focuses on participation of a specialist in production of procedural (including investigative) and judicial actions, consulting an expert and other procedure participant. The types of the use of specialized knowledge within the framework of the nonprocedural form in terms of content, to a certain extent, are compatible with the types identified within the framework of the procedural form. Specific types can also be identified, e.g., medical forensic examination (expertise), revisions, audits, etc. Alternative expertise takes a special place among the types of the use of specialized knowledge in the nonprocedural form. Its normative regulation has not developed, and the use of its results in legal proceedings as evidence is still in question. At the same time, many types within the framework of the procedural form are normatively regulated. However, the shortcomings of normative regulation as well as not fully developed methodological aspects prevent the use of the results of these types of forensic examination (expertise) in legal proceedings. In relation to some types within the framework of the non-procedural form, the results of which are now actively used in legal proceedings, there is neither normative regulation nor theoretical justification based on a unified approach. In this regard, it is especially important to unify not only the forms of using specialized knowledge, but also the types, based on a general theoretical expert approach, as well as ways to use their results in legal proceedings.