SOME QUESTIONS OF FORENSIC EXAMINATION AND THEIR REFLECTION IN S. A. SHEYFER'S WORKS

Abstract

The article is devoted to the analysis of some aspects of regulation and enforcement of the legal institute of forensic examination and their reflection in the works by Semen Abramovich Sheyfer. Attention is paid to the issue of the essence of forensic examination as an investigative or procedural action, the conclusion is made about forensic examination as a complex procedural action. There is still some discussion about the possibility of not only the appointment, but, above all, the production of forensic examination before the initiation of criminal proceedings. Giving a positive answer to this question, the author formulated several criteria that are mandatory for compliance. Summarizing the opinions of scientists on the possibility of a specialist to conduct research identical to the expert, the article emphasizes the impossibility of this action. Revealing the question of samples for comparative research, the author focuses on the essence of this action, concluding that it is either a procedural action or an action carried out within the framework of an expert experiment. Arguing about the possibilities of the parties to file petitions for the appointment and production of forensic examination, the author substantiates the idea that today there is a need to provide participants with the right to submit to the investigator or the judge an expert opinion obtained as a result of the independent treatment of participants to the expert (alternative examination). It is assumed that this right should be guaranteed by the obligatory inclusion of such an opinion in the criminal case and its evaluation as an expert opinion.