Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF vypusk_68-65-74 Завантажень: 143, розмiр: 336.4 KB

DOI: https://doi.org/10.33994/kndise.2023.68.07

K. Dziubak

The article is devoted to the study of the organizational and legal boundaries of the provision of scientific and expert activities in administrative proceedings, as defined in the Code of Administrative Procedure of Ukraine. The possibility of involving an expert in the field of law in the administrative process through the conduct of scientific and legal expertise, one of the functional purposes of which is the doctrinal interpretation of legislation, is considered. The problem of determining the competence of an expert in the field of law is consecrated and the criteria for its evaluation are presented. The necessity of improving the norms of the specified code of Ukraine in terms of determining the procedural rights and obligations of an expert in the field of law in a trial, as well as the legal nature of his conclusion, is proved. In particular, we consider it necessary, along with the requirement fixed by the legislator to have a scientific degree and be a recognized specialist in law, to add such a requirement as a mandatory practical experience as a lawyer for at least 10 years. Proposals are provided on amending the Code of Administrative Procedure of Ukraine, which will help resolve conflicts in the current legislation regarding the legal status of an expert in the field of law and the opinion provided by him, his rights and obligations.

Key words: expert in the field of law, opinion of an expert in the field of law, administrative process, analogy of law, analogy of law, scientific and expert examination.