Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Nedashkivska Завантажень: 8, розмiр: 371.6 KB

DOI: https://doi.org/10.33994/kndise.2021.66.18

О. Nedashkivska

The author raises the issue of the lack of a clear mechanism for the implementation of the right of a forensic expert of an expert initiative using the right of a forensic expert to file a petition as, in fact, the only procedural form for a forensic expert to exercise his right of an expert initiative.
The purpose of the study is to analyze the existing legal framework governing the right of expert initiative and various scientific opinions on the right to identify an expert initiative, using the right to petition.
The study was conducted by analyzing the current legislation in terms of regulating the right of expert initiative and the views of scholars on the concept of expert initiative, as well as a survey of practicing forensic experts of the Ministry of Internal Affairs of Ukraine to determine the limits of ownership of the conceptual apparatus, its implementation in practice.
The level of mastery of the conceptual apparatus by forensic experts of the Ministry of Internal Affairs of theoretical and practical knowledge in the field of expert initiative and the possibility of their implementation in practice is established. Various scientific approaches to the problem of using the right of expert initiative in modern conditions are analyzed, the practical significance and importance of legal regulation of the right of a forensic expert to file a petition as a procedural form of ensuring the right of expert initiative by forensic experts in their practical work is demonstrated.
A systematic solution to the problem is proposed by the improving the legal framework that would regulate the procedure for using the right of a forensic expert to file a petition as a de facto form of exercising the right to an expert initiative and creating an algorithm to ensure the right of a forensic expert to an expert initiative.

Key words: petition, expert initiative, forensic expert, questionnaires, forensic examination, expert research, justice