Legal grounds for summoning an expert to court to clarify the expert`s conclusion

Abstract

This article explores the legal foundations for summoning an expert to court to clarify their opinion, identifies problems in the application of this procedure in Ukraine, compares it with international experience, and formulates proposals for improving the relevant legislation and ju dicial practice. The main legislative issues related to summoning court experts to explain their conclusions have been identified. The study ex amines the specifics of summoning experts by courts within the judicial process and the set of conditions required for this. It has been proven that forensic expertise is an essential tool for establishing the truth in court proceedings. Attention is drawn to the fact that an expert’s opin ion carries significant evidentiary weight, but in many cases, additional explanations regarding its content, research methods, and justification of conclusions are necessary. Ukrainian legislation provides for the pos sibility of summoning an expert to court to provide clarifications, ensur ing a more comprehensive understanding of the expert’s opinion and contributing to a fair judicial decision. An analysis of international ex perience indicates that in developed legal systems, summoning an ex pert is an integral part of judicial proceedings. In Ukraine, while there is a legislative possibility for expert interrogation, its practical application remains insufficiently effective due to issues such as courts refusing to summon experts, experts avoiding interrogation, and the absence of a clear methodology for conducting expert questioning. Improving this procedure could enhance the quality of judicial decisions. The article emphasizes that summoning an expert to court for clarification of their opinion is a crucial mechanism in the judicial process, ensuring a more complete and accurate perception of evidence by the court. Ukrainian legal acts provide for this possibility in civil, criminal, commercial, and administrative proceedings. The practice of expert questioning demon strates the significant role of this institution in ensuring a fair trial.