Abstract
The paper defines the significance of judicial construction and technical expertise as a means of protecting the rights and interests of participants of building process when considering and resolving economic and industrial disputes, significant number of which is based on the imperfect legal regulation of public relations of this activity. Noting the insufficient knowledge of the judicial community about the informational potential of this kind of judicial expertise, the authors presented a wide range of types of studies conducted by the building expert in practice. The presented list includes the following types of studies of the object of judicial construction and technical expertise: establishment of its existence; location; technical condition; its properties; qualitative and quantitative characteristics; cost; an object's belonging to a particular class, sort, kind, type, group; establishment of the conformity of its characteristics to a certain standard, rule or regulation. Consideration is also made of studies that have been conducted in judicial and investigation expert practice aimed at establishing the presence and types of causal connection between events that have been the subject of criminal investigation and (or) judicial proceeding, as well as establishing the object’s existence by its representation, belonging of a part of the object to the whole, definition of a unified source of origin (manufacturer) of several objects of judicial construction and technical expertise.
Highlights
IntroductionThe purpose of this paper is to disclose the potential of the judicial construction and technical expertise (hereinafter referred to as the JCTE) as the most effective means of ensuring the protection of interests of participants of building process
The purpose of this paper is to disclose the potential of the judicial construction and technical expertise as the most effective means of ensuring the protection of interests of participants of building process
The authors of this paper prefer the narrow interpretation of the contentious concept, arguing that the unification under different names of different informative acts does not contribute to understanding their specificity and, to their development and improvement
Summary
The purpose of this paper is to disclose the potential of the judicial construction and technical expertise (hereinafter referred to as the JCTE) as the most effective means of ensuring the protection of interests of participants of building process. Under the conditions of imperfect legal regulation of production relations and absence of developed competition among participants of building process, conflict situations are inevitable. Their consideration and resolution can occur in various procedural forms. The most common form of protection of violated or contested rights and legal interests of citizens, as well as persons conducting the entrepreneurial and other economic activities in the area of construction, is the legal proceedings in arbitration courts and courts of general jurisdiction in civil and criminal cases
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