Problems of the organization of forensic expert activity in Ukraine and ways to solve them

Abstract

The article is devoted to the study of problematic aspects of the organization of forensic expert activity in Ukraine, to the determination of ways to solve them. In the course of the conducted analysis, the following directions were established in which the shortcomings of the organization of forensic expert activity in Ukraine are recorded: financing; methodological support; human resources and legal regulation of forensic expert activity. Updating the organization of judicial expert activity is an urgent necessity, caused by structural changes caused, in turn, by the large-scale judicial reform. It was concluded that it is important to establish a unified methodical approach to conducting forensic examinations, which will be a guarantee of reliable and effective functioning of this integral element of criminal, administrative, civil, etc. forms of justice. It is proposed to improve the system of state management of forensic expert activity by creating a state body responsible for the formation of state policy in the field of forensic expert activity. It was noted that the powers of this body should not be of a recommendatory nature, but of a mandatory nature. It is proposed to change the approach to the financing of forensic expert activity in Ukraine: to optimize the personnel of subjects of forensic expert activity, which will allow to increase the remuneration of state experts; to determine the economically justified normative cost of one expert hour; allow non-state expert institutions to conduct forensic examinations in criminal proceedings on behalf of the investigator, inquirer, prosecutor, court and in cases of administrative offenses. The necessity of: reforming the legislation, in the direction of adoption of the updated basic law, which will determine the legal, organizational and financial basis of forensic expert activity in Ukraine, is emphasized; modernization and improvement of the material and technical base of state specialized institutions; by developing and implementing a general educational approach to expand and unify the professional competencies of forensic experts.