INDEPENDENCY AND PARTNERSHIP OF AN EXPERT INSTITUTION AS AN OBJECTIVE CONDITION FOR ITS FUNCTIONING

Abstract

In Ukraine an expert institution by its functional tasks appreciably depends on provision of professional and qualitative services in carrying out forensic expert activity. However its possibilities are much wider, it can really realize influence on the public phenomena and processes within the competence defined by the law. This needs, on the one hand, financing, settlement of some questions at legislative level, and on another - competent and knowledgeable cooperation with law enforcement bodies. As the experience evidences, activity of an expert institution depends on many factors, but first of all, from clearly outlined regulatory direction. The constitutional principle of independency is laid in the basis of almost all legislation of Ukraine and of all political, law-enforcement aspects ofstatehood existence. Thus, article 1 ofthe Constitution of Ukraine formalizes that Ukraine is a sovereign and independent, democratic, social, law-based state. This means that state bodies should categorically observe these principles that was reflected in the principle of judges independency, and in self-sufficiency and independency of an investigator, and in a procedural self-sufficiency of forensic expert. The regulatory policy of an expert institution in its activity is based on certain principles but in order this mechanism to be effective it’s necessary to be not only self-sufficient institution but also to function on the basis of partnership with other law enforcement bodies and public organizations. Therefore, today a governing tendency is a formation of partner relations between expert institutions of Ukraine, including expert institutions which are subordinated to the Ministry of Justice of Ukraine and the Ministry ofInternal Affairs of Ukraine and other law enforcement bodies and also with people and public organizations.