M. Shcherbakovskyi

Summary

Consultations of persons who have special knowledge are traditionally implemented during the investigation of crimes. In the current CPC of Ukraine, the use of special knowledge in the form of obtaining consultations and explanations of a specialist has acquired legislative fixing. Taking into account the content of concepts, the necessity of uniform application of procedural terminology, it is expedient to use the term “explanation” instead of the terms “consultation” and “elucidation” in the law.

The specialist in the form of explanations provides the parties and the court with certificates and consultations. The reference contains special general information without reference to the circumstances of the criminal proceedings. Consultation is a council, expert opinion, which is provided to the requestor on the basis of familiarization with the materials of criminal proceedings and concerns circumstances directly related to the investigated event. The specialist does not replace the expert, because his explanations are not based on the study of objects and do not matter the proof. The specialist provides explanations either verbally or in writing in the process and outside the conduct of investigative (investigative) or judicial actions. The meaning of oral explanations during the conduct of investigative actions is that the investigator receives promptly qualified assistance on special issues. The oral explanations of a specialist help the investigator to evaluate the evidence, timely decide on the appointment of an expert examination, and determine the questions to the expert. The written form has explanations that are attached to the procedural protocol in which the specialist participated and the explanations that are made out during the trial.

Analysis of the current procedural law, investigative and judicial practice testifies to the admissibility of obtaining explanations from a specialist on legal issues. The current CPC provides for the possibility of providing legal assistance to professional participants in criminal proceedings. Specialists of the Scientific Advisory Council under the Supreme Court of Ukraine shall provide the judge-rapporteur of the Supreme Court of Ukraine with a scientific conclusion regarding the relevant rule of law.

Providing explanations for special and legal issues is a direct embodiment of the advisory function of a specialist. The ultimate purpose of using explanations is to justify the parties, the court adopting procedural and organizational and tactical decisions.