Appointment of expert examinations in cases following the armed aggression of the russian federation against Ukraine
Banner en_US
PDF (Українська)

Keywords

judicial researches
judicial examinations
expert
conclusion of expert
specialist
judicial expert activity
methods
methodology

How to Cite

Usenko, O. (2024). Appointment of expert examinations in cases following the armed aggression of the russian federation against Ukraine . Criminalistics and Forensics, (69), 147-152. https://doi.org/10.33994/kndise.2024.69.13

Abstract

The article is sanctified to research of question of setting of expert researches after businesses for to the consequences of the armed aggression of the Russian federation against Ukraine. The main problems of legislative base that touches setting of judicial examinations in the conditions of war-time are educed and identified. The features of imputing of questions courts are investigational within the framework of trial and totality of terms for setting of examination. For today profile public institutions and central executive bodies are develop methodologies of decision of loss of profit as a constituent of losses. Thus deep the international standards of estimation are studied; having regard to that losses must be well-proven even during consideration of statements about a compensation at the level of international institutes. Before development and acceptance of such methodologies it is necessary everywhere to carry out expert researches, such that for today are in an arsenal: building evaluation, landed evaluation, earth-evaluation, commodity expert and economic examination, for the receipt of conclusions of experts both in relation to the volumes of damage and elimination of property and in relation to the cost of proceeding in property, and also for the calculation of size of loss of profit. For the estimation of size of losses it is expedient to use the international standards of estimation. Actually for today we have clearly worked out the state at the level of legislation only the first stage of receipt of indemnifications for the damaged / destroyed property is the stage of assembly of proofs, documents and other information that in further will become basis for the receipt of payments or other compensation.

 

https://doi.org/10.33994/kndise.2024.69.13
PDF (Українська)

References

Civil code of Ukraine from 16.01.2003 № 435-IV. URL: http://zakon2.rada.gov.ua/laws/show/435-15 (access date: 27.11.2023) [in Ukrainian].

About claim of Order of grant and determining size of manual injured from emergencies and size of dollar adjustment injured, the dwelling-houses (apartments) of that are destroyed as a result of the emergency of military character, caused by the armed aggression of Russian Federation: Resolution of the Cabinet of Ministers of Ukraine from 18.12.2013 № 947. URL: https://zakon.rada.gov.ua/laws/show/947-2013 (access date: 27.11.2023) [in Ukrainian].

About claim of Order of decision of harm and losses, inflicted to Ukraine as a result of the armed aggression of Russian Federation: Resolution of the Cabinet of Ministers of Ukraine from 20.03.2022 № 326 URL: https://zakon.rada.gov.ua/laws/show/326-2022 (access date: 27.11.2023) [in Ukrainian].

Single state register of court decisions. URL: https://reyestr.court.gov.ua/Review/66131877 (access date: 27.11.2023) [in Ukrainian].

Single state register of court decisions. URL: https://reyestr.court.gov.ua/Review/92270718 (access date: 27.11.2023) [in Ukrainian].

Single state register of court decisions. URL: https://reyestr.court.gov.ua/Review/104728593 (access date: 27.11.2023) [in Ukrainian].