Problems of appointment of handwritten examination in civil judiciary

Abstract

The article is devoted to the issue of this type of evidence as providing an expert opinion in civil proceedings on the example of handwriting examination, because it is one of the most common types of forensic examination. It is known that the objects of handwriting are all possible types of documents, where the text is handwritten or signed by a person. The article deals with the tasks of forensic handwriting examination and their purpose. The current problems of appointment of handwriting examination by the court, which arise, in particular, when taking handwriting samples, are considered. The sources from which the expert obtains information to provide an opinion are analyzed, as it is not only samples of handwriting or signature, but also information about the person to be identified. It is considered how the court determines the scope of examination, formulates questions and collects free samples of handwriting and signatures, which are compared, as well as selects experimental samples. There is a ban on forensic experts who are employees of government agencies to conduct handwriting examinations on copies of documents. The article argues that it is possible to conduct handwriting examination of copies of documents, especially if it is physically impossible to provide the original document, provided that the court will take this fact into account. Since the expert does not have the right to collect materials for the examination, the expert is provided by the court or the party to the case. It is investigated that the legislation does not clearly regulate who exactly and how should take experimental samples of handwriting or signature, as it is prescribed in the scientific and methodological recommendations for the preparation and appointment of forensic examinations and expert research. In this regard, it is proposed to recommend that courts involve a handwriting specialist in the procedure for taking a sufficient number of experimental samples for examination.