Responsibility of a forensic expert: analysis and legal approaches
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Keywords

forensic expert
responsibility
judicial practice
criminal liability
disciplinary liability
legislative regulation

How to Cite

Tseluyko, M., & Usenko, O. (2025). Responsibility of a forensic expert: analysis and legal approaches. Criminalistics and Forensics, (70), 341-350. https://doi.org/10.33994/kndise.2025.70.25

Abstract

The article is dedicated to the study of the responsibility of foren sic experts in various jurisdictions. It analyzes the current legislation of Ukraine and examines judicial practice regarding the disciplinary, ad ministrative, civil, and criminal liability of experts. The main problems of legislative regulation are identified, and possible solutions are proposed. The study also explores foreign experience in forensic expert activities and presents relevant court cases. It is emphasized that forensic experts, as professionals playing a crucial role in the legal system, bear differ ent types of responsibility depending on the violations that may occur during their duties. Violations may relate to both the process of conduct ing forensic examinations and their results. Therefore, it is essential to distinguish between the different types of liability applicable to foren sic experts: disciplinary, civil, criminal, and administrative. The research proves that the responsibility of forensic experts is a critical element of justice. However, several issues require timely resolution, including clear ly defining the limits of their responsibility, ensuring proper oversight, preventing external influences on experts, enhancing qualifications, and improving appeal mechanisms. Implementing these measures could contribute to greater trust in forensic examinations and ensure fair case consideration.

https://doi.org/10.33994/kndise.2025.70.25
PDF (Українська)

References

Huzela, M., Kantsir, V. (2018). Foreign experience in the organization of forensic expert activity. Bulletin of Lviv Polytechnic National University. № 906. URL: https://science.lpnu.ua/sites/default/files/journal-paper/2019/sep/18385/21.pdf (access date: 05.03.2025) [in Ukrainian].

Halperin, V. M. (2007). Legal liability of forensic experts. Kyiv [in Ukrainian].

Criminal Code of Ukraine dated April 05, 2001 No. 2341-III. URL: https://zakon.rada.gov.ua/laws/show/2341-14 (access date: 05.03.2025) [in Ukrainian].

Civil Code of Ukraine dated January 16, 2003 No. 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15 (access date: 05.03.2025) [in Ukrainian].

Code of Ukraine on Administrative Offenses dated December 07, 1984 No. 8074-X. URL: https://zakon.rada.gov.ua/laws/show/80731-10 (access date: 05.03.2025) [in Ukrainian].

On forensic examination: Law of Ukraine dated February 25, 1994 No. 4038-XII. URL: https://zakon.rada.gov.ua/laws/show/4038-12 (access date: 05.03.2025) [in Ukrainian].