D. Hurina; I. Kalinina

Summary

The article analyzes various definitions and content of the concepts of «competency of a forensic expert» and «competence of a forensic expert» in criminal proceedings; the problematic issues of the correlation of these concepts are studied; peculiarities of establishing the competency and competence of a forensic expert by a person who draws the forensic expert in criminal proceedings.

The authors of the article note that an expert’s competence can be considered in two aspects. First, this is the range of powers, rights and responsibilities of an expert defined by procedural codes. Secondly, it is a complex of knowledge in the field of the theory, methodology and practice of forensic expertise of a certain kind, type. In addition, the authors distinguish the objective competence, that is the amount of knowledge that should have an expert and subjective competence, that is, the degree to which a particular expert masters this knowledge. The subjective expert competence is determined by his level of education, special expert training, expert work experience and experience in solving similar expert tasks, individual abilities.

The competence of the expert is distinguished by his competency, that is his actual possession of special knowledge (including skills), and not only formal, which is due to the availability of a corresponding document (diploma, certificate, etc.). Hence, the expert’s incompetence is the circumstance that entails his/her withdrawal.

The article analyzes the approaches to the criteria for assessing the competency and competence of a forensic expert. The competency of a forensic expert can established after his/her research and it is reflected in the expert’s opinion.

According to the results of the study it was drawn the conclusion about the the controversial nature of the issues and the need to develop criteria for assessing the competence of a forensic expert.