Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
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N. Nestor

Summary

The article analyzes the norms of the current legislation, which determine the guarantees of independence of the forensic expert and the correctness of his conclusion. It has been established that some guarantees do not have sufficient practical content. It is noted that Article 386 of the Criminal Code of Ukraine does not provide for criminal liability for all possible cases of unlawful interference in the work of the expert.

There is also a problem of unreasonable interference in the activities of the forensic expert from the investigation during the pre-trial investigation, which negatively affects the independence of such a person.

Attention is focused on the importance of creating the necessary conditions for the activities of the forensic expert, his material and social security.

Proposals were made to amend the provisions of the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine in order to eliminate the identified gaps and deficiencies in legislative regulation.