Terms in forensic examination: problematic issues and ways to solve them

Abstract

The article is devoted to the problems of determining and observing the terms of forensic examinations in criminal and civil proceedings, as well as possible ways to solve existing problematic issues. The article provides a classification of terms that can be applied in the expert direction. The authors analyzed the relationship between the terms of forensic examinations and the norms of procedural law, as well as with possible concomitant factors that affect the terms of expert proceedings, and provided some examples of such a relationship. Recommendations (proposals) are provided on the sufficiency of the terms of expert research in criminal (civil) proceedings, their regulatory and legal regulation, which will avoid the conflict of norms that regulate these issues; As an option, an algorithm of actions of a forensic expert is proposed, which will allow to a certain extent to optimize his working time during the examination. Particular attention in the article is paid to the norms of the legislation on forensic examination, which determine the terms of the examination from the beginning of receipt of materials to the expert institution until the provision of the relevant conclusion of the expert (experts). At the same time, the analysis of scientific literature in the field of research indicates that the existing legislation does not fully take into account the relationship between the timing of forensic examinations and the current norms of procedural proceedings; does not provide for a comprehensive approach to justifying the timing of forensic examinations, taking into account the dependence of these terms on the influence of a number of factors (subjective and objective, external and internal); does not take into account the factors related to the peculiarities of forensic examinations and their impact on the timing of expert research under the legal regime of martial law. In view of this, according to the authors, the prospect for further research may be the development of a comprehensive methodological approach to substantiating the timing of forensic examinations, taking into account various factors of influence both in peacetime and under martial law (special period). This will allow for a more reasoned approach to the further development of recommendations on the sufficiency of the terms of expert research in criminal (civil) proceedings and their regulatory and legal regulation, to avoid conflict of rules governing these issues, and therefore to make the criminal (civil) process more accessible and understandable.