Expert activity as a person who contributes to administrative proceedings: place and role in the process of public law case consideration
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Keywords

administrative proceedings
public legal sphere
forensic expert activity
expert
expert’s rights
expert’s duties
expert’s opinion

How to Cite

Ruvin, O., & Baranenko, D. (2024). Expert activity as a person who contributes to administrative proceedings: place and role in the process of public law case consideration. Criminalistics and Forensics, (69), 102-109. https://doi.org/10.33994/kndise.2024.69.09

Abstract

The article is devoted to the study of the place and role of an expert in administrative proceedings, as a person who contributes to its implementation. It was emphasized that administrative justice, as the youngest component of the judicial system of Ukraine, plays an important role in ensuring justice in the public legal sphere. Comprehensive and fair consideration of cases that are the subject of consideration by administrative courts is an indicator of compliance with human and citizen rights, the state of legality and the rule of law in the state. The special field of activity of administrative courts requires the use of special scientific and technical knowledge, which makes it possible to obtain the necessary information that will contribute to a comprehensive and high-quality investigation of all components of the case. Obviously, in this process, the court cannot do without the involvement of experts. In view of this, the issue of the content and essence of forensic expert activity was considered. The legal basis for the participation of an expert in a public legal case, his legal status in administrative proceedings is defined. Attention was drawn to the content and requirements for the preparation and execution of an expert opinion. The necessity of biasing the influence on the expert during his preparation of the expert opinion was emphasized, as well as the responsibility of both the expert himself and other participants in the case, which is connected with the expert opinion, was emphasized. The importance of preventive measures for violation of the procedure of judicial examination in administrative proceedings is emphasized, by taking preventive measures aimed at checking the expert’s availability of relevant experience and certain competence, preparing the expert for a specific case by providing the necessary consultations, checking the psychological state of such an expert and the characteristics of his previous activity.

 

https://doi.org/10.33994/kndise.2024.69.09
PDF (Українська)

References

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