Regarding the use of special knowledge by an expert on legal issues in the criminal procedure of Ukraine

Abstract

The article is devoted to the study of the feasibility of introducing the institute of expertise in the field of law in the domestic criminal process. The correlation and interrelation of special and well-known knowledge is analyzed. The content of special knowledge possessed by a forensic expert as a complex concept, including professional knowledge in the field of science, art, technology and craft, which are not publicly available and well-known, as well as certain skills and abilities how to apply them in order to obtain such a procedural source of evidence as an expert opinion. The peculiarities of the world experience of realization of the institute «amicus curiae» both in the countries of continental law and in the Anglo-Saxon legal system states are studied. It is noted that the subject and task of such expertise in foreign countries is the interpretation of legal norms in law enforcement practice, the establishment of compliance of certain legal facts with the current legislation requirements. The possibility of using legal knowledge by a forensic expert is determined, in particular, it is proposed the author's concept that the expert opinion on legal issues (as, in fact, the conclusion of a forensic expert) will not have an obligatory value, and its strength is in the rationality of arguments, reasoning of conclusions and proposals. It is noted that the opinion of a specialist in the field of law does not oblige to make a decision in favor of a particular participant in the process, but makes you think and motivate your actions, especially those participants in the process who are endowed with authority. According to the results of the study, it is substantiated that the involvement of legal experts in the domestic criminal process will be the key to making fair and reasoned decisions. The advantages and possible consequences of the legal expertise introduction of are highlighted, the relevant amendments to the CPC of Ukraine and recommendations for obtaining the status of a participant in criminal proceedings by a legal expert are proposed.