Forensic examination and forensic activity: the main problems and ways to solve them. Based on materials from judicial practice. Prikhodko I.A., Bondarenko A.V., Stolyarenko V.M.

The expert’s conclusion, being one of the key evidence, in some cases is a decisive that determines the outcome of the case. The court, without special knowledge in the field of expert’s competence, is forced to rely on the conclusions of the latter and is not able to verify their validity and reliability, as well as the scientific viability of the research methods and methods used by the expert, especially since these methods do not have a clear legal status, and many of them are intended only for official use. The expert’s competence test is formal in nature, and the fact of the warning of criminal liability for the dacha of obviously false conclusion is considered as the main evidence of the objectivity and independence of the expert. The law enforcement agencies built a departmental examination system that “serves” the interests of the investigation and which is called the “sub-item”, bearing in mind that forensic expert organizations and units of law enforcement agencies are built into paramilitary investigating authorities and are subordinated to the latter.

acting acting The Law “On State Forensic Expert in the Russian Federation” was adopted more than 20 years ago and, as practice shows, the indicated problems did not solve. In 2013, the Government of the Russian Federation entered the State Duma of the Federal Law “On Forensic Expert Activities in the Russian Federation”, which was adopted in the first reading in the same year and has been continuing to be finalized since then for 9 years. This bill causes acute discussions, including with regard to its conceptual provisions. What would have to be done in order to ensure the possibility of verifying the reliability and scientific validity of the expert’s conclusions, to exclude the involvement of “random” people as experts, to avoid a conflict of interests when appointing an examination of an examination? These and other issues are considered in the readers of the readers, which is based mainly in judicial practice, which allows you to identify the relevant problems.

The work is designed for a wide range of readers.

She can be used as a training manual for teachers and students of law universities.